The Supreme Court Shadow Docket: Demystified
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Associate Attorney, Cooper & Kirk PLLC
Athie Livas rejoined Cooper & Kirk in 2022. Prior to joining the firm, Ms. Livas clerked for Justice Brett M. Kavanaugh on the United States Supreme Court. Ms. Livas also previously clerked for Judge Amul R. Thapar on the United States Court of Appeals for the Sixth Circuit and Judge Dabney L. Friedrich on the United States District Court for the District of Columbia.
Ms. Livas graduated from Yale Law School, where she served as President of the Yale Federalist Society, co-President of the Barristers’ Union trial competition, Student Director of the Supreme Court Litigation Clinic, and Editor on the Yale Law Journal. Ms. Livas is admitted to the bar of the Commonwealth of Kentucky.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Dean, Capital Law School
Reynaldo Anaya Valencia is the dean of the Capital Law School, previously having served as associate dean for Finance and Administration and as professor of Law at University of North Texas at Dallas College of Law.
Valencia has practiced, taught, written, and lectured nationally and internationally on corporate law, corporate bankruptcy, and race and gender issues, and also has served as an expert witness in complex corporate and bankruptcy multimillion dollar litigation.
Valencia earned an undergraduate degree in psychology (with honors) and a graduate degree in sociology from Stanford University, then went on to receive a juris doctor degree from Harvard Law School. He practiced corporate bankruptcy and general corporate law at the Dallas office of the international law firm of Jones Day for five years, while serving as an adjunct professor of Law at Texas Tech School of Law, where at age 25 he became the youngest faculty member in the law school’s history.
In 1995, Valencia joined the faculty at St. Mary’s University School of Law in San Antonio as an associate professor, earning tenure in 1999 and promotion to the rank of full professor. In 2008, he was appointed associate dean of Administration and Finance at St. Mary’s and held the Ernest W. Clemmons Professor of Corporate and Securities Law endowed professorship.
President Bill Clinton appointed Valencia as a White House Fellow for 1999-2000, where he served in the Office of the Chief of Staff. He also has served on the Board of Directors of the American Board of Certification (which produces the national bankruptcy certification examination); the Board of Governors of the Council on Legal Education Opportunity (CLEO); the Board of Trustees of the Law School Admission Council; and as an elected director on the Harvard Alumni Association Board of Directors.
Valencia received the St. Mary’s University Distinguished Faculty Award (Law School) in 2008. In 2003 and again in 2006, he received the Outstanding Legal Achievement award by the Mexican American Bar Association of San Antonio, and in 2012, was awarded the Becky Cross Anchor Award from Equality Texas in recognition of his work with, and support of, LBGTQ students.
He has published several articles in traditional law reviews, and was the lead co-author of “Mexican Americans and The Law: ¡El Pueblo Unido Jamas Sera Vencido!,” the first undergraduate textbook to focus on Latinos/as and the law.
Valencia and his sons, Elias, Leo and Robert, look forward to becoming part of the Capital University community.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Brenden Mann Foundation Chair in Law and Religion and Co-Director of the Nootbaar Institute for Law, Pepperdine Caruso School of Law
Professor Michael Helfand is the Brenden Mann Foundation Chair in Law and Religion and Co-Director of the Nootbaar Institute for Law, Religion and Ethics at Pepperdine Caruso School of Law. During the Spring, he serves as the Florence Rogatz Visiting Professor at Yale Law School. In addition to his academic appointments, Professor Helfand serves as the Senior Legal Advisor to the Orthodox Union’s Teach Coalition and a Senior Fellow at the Shalom Hartman Institute.
An expert on questions of church and state, Professor Helfand’s work considers how U.S. law treats religious law, custom and practice. His academic articles have appeared in numerous law journals, including the Yale Law Journal, New York University Law Review, Duke Law Journal, Minnesota Law Review, Washington University Law Review, and Southern California Law Review. In addition, Professor Helfand often provides commentary on clashes between law and religion, writing for various public audience publications, including the Wall Street Journal, the Los Angeles Times, and the Forward.
Professor Helfand joined the Pepperdine Caruso Law faculty in 2010 where he has taught Contracts, Arbitration Law, Jewish Law and seminars in Law and Religion as well as Multiculturalism and the Law. Prior to joining the Pepperdine Caruso Law faculty, Professor Helfand was an associate at Davis Polk & Wardwell LLP, where his practice focused on complex commercial litigation. Before entering private practice, Professor Helfand clerked for the Honorable Julia Smith Gibbons of the U.S. Court of Appeals for the Sixth Circuit.
University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law
Michael P. Moreland was appointed University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova University in 2017. Professor Moreland joined the Villanova faculty in 2006 and served as Vice Dean from 2012 to 2015. His research is primarily in the areas of torts, law and religion, constitutional law, and Catholic social thought, and he regularly teaches Torts, First Amendment, seminars in law and religion, and undergraduate courses in ethics.
Professor Moreland is the co-editor of Christianity and Private Law (Routledge, 2021), and his most recent publications include: “The Authority of Tradition: John Henry Newman and Legal Theory” in Christianity and the Making of Irish Law (Routledge, 2025); “Christianity and Torts” in The Oxford Handbook on Christianity and Law, (Oxford University Press, 2023); “Germaneness and Religious Liberty” in the Notre Dame Law Review (2023); “Contingency and Contestation in Christianity and Liberalism” in the Notre Dame Law Review (2023); “Friendship as the Primary Purpose of Law” in The American Journal of Jurisprudence 279 (2022); and “The Moral of Torts” (with Jeffrey Pojanowski) in Christianity and Private Law (Routledge, 2021).
Professor Moreland was a Visiting Professor of Law at the University of Notre Dame and the Mary Ann Remick Senior Visiting Fellow at the Notre Dame Center for Ethics and Culture from 2015 to 2017. He was the Forbes Visiting Fellow at Princeton University in the James Madison Program during academic year 2010-11. He has served as the project leader for grants from the John Templeton Foundation and the Charles Koch Foundation. He serves as the Chair of the Federalist Society’s Religious Liberties Practice Group Executive Committee and the Chair of the Board of Trustees of the Institute for Advanced Catholic Studies at the University of Southern California.
Professor Moreland received his BA in philosophy from the University of Notre Dame, his MA and PhD in theological ethics from Boston College, and his JD from the University of Michigan Law School. Following law school, Professor Moreland clerked for the Honorable Paul J. Kelly Jr., of the United States Court of Appeals for the Tenth Circuit and was an associate at Williams & Connolly LLP in Washington, DC, where he represented clients in First Amendment, professional liability, and products liability matters. Before coming to Villanova, he served as Associate Director for Domestic Policy at the White House under President George W. Bush, where he worked on a range of legal policy issues, including criminal justice, immigration, civil rights, and liability reform.
Assistant Professor of Law, Northern Illinois University College of Law
Daniel McConkie joined the NIU Law faculty in 2015. He teaches courses in criminal law, criminal procedure, and professional responsibility. His primary research interest is criminal procedure.
Professor McConkie was a prosecutor in California for eight years, first for the state and then for the federal government. As a federal prosecutor, he specialized in taking down large drug trafficking organizations and served as his office’s ethics advisor. As a scholar, he now writes about plea bargaining, which has almost entirely replaced jury trials in our justice system.
Professor McConkie holds an Honors B.A. degree in history from the University of Utah (2001), where he graduated cum laude, and a J.D. degree from Stanford Law School (2004), where he was a Public Interest Fellow. From 2013 to 2015, Professor McConkie was a visiting professor at the J. Reuben Clark Law School at Brigham Young University.
Assistant Solicitor General, Kansas Attorney General
Adam Steinhilber is an assistant solicitor general for the State of Kansas. He was previously a litigation associate in the Kansas City office of Bryan Cave Leighton Paisner LLP. Before entering private practice, Adam clerked for Chief Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and Justice Mark S. Massa of the Indiana Supreme Court.
Adam earned his J.D., magna cum laude, from the University of Michigan Law School, where he was elected to the Order of the Coif. He earned his B.A. in Political Science from the University of Kansas, where he was elected to Phi Beta Kappa.
Adam has held several leadership positions within the Federalist Society, and he currently serves on the Board of the Kansas City Lawyers Chapter.
Judge, United States Court of Appeals, Eleventh Circuit
Judge Kevin C. Newsom is a member of the United States Court of Appeals for the Eleventh Circuit. He sits in Birmingham, Alabama.
Before his appointment to the bench, Judge Newsom was the head of the appellate practice group at Bradley Arant Boult Cummings LLP and, before that, the Solicitor General of Alabama. As a practicing lawyer, Judge Newsom argued four cases in the Supreme Court of the United States, and nearly 40 more in the United States Courts of Appeals and state supreme and appellate courts.
Judge Newsom graduated summa cum laude from Samford University and magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. Following law school, Judge Newsom clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and Justice David H. Souter of the Supreme Court of the United States.
Judge Newsom teaches at Harvard Law School, Yale Law School, Stanford Law School, and the University of Chicago Law School. His published work has appeared in the Yale Law Journal and the Harvard Law Review.
Judge, United States Court of Appeals, Sixth Circuit
Eric Murphy has been a Judge on the United States Court of Appeals for the Sixth Circuit since March 2019. He previously served as the ninth State Solicitor of Ohio. In that role, Eric briefed and argued appellate cases on behalf of Ohio and its state agencies and officers in the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, and the Ohio Supreme Court. Before his appointment as State Solicitor, Eric practiced appellate litigation at Jones Day. After graduation from law school, he served as a law clerk for Justice Anthony M. Kennedy of the Supreme Court of the United States, and Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. He received his law degree from the University of Chicago and his undergraduate degree from Miami University.
United States District Judge, Northern District of Illinois
Prior to being appointed judge, Hon. Martha Pacold served as Deputy General Counsel of the U.S. Department of the Treasury. Before that, Ms. Pacold was an associate and then a partner in the Chicago office of Bartlit Beck Herman Palenchar & Scott, LLP. She also was a Lecturer in Law at the University of Chicago Law School. Earlier in her career, Judge Pacold served as a Special Assistant U.S. Attorney for the Eastern District of Virginia and as Counsel to the Attorney General at the U.S. Department of Justice. Judge Pacold served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States, to Judge Jay S. Bybee of the U.S. Court of Appeals for the Ninth Circuit, and to Judge A. Raymond Randolph of the U.S. Court of Appeals for the District of Columbia Circuit. Judge Pacold earned her B.A., with highest distinction, from Indiana University, where she was inducted into Phi Beta Kappa, and her J.D., with honors, from the University of Chicago Law School, where she was inducted into the Order of the Coif and served as Editor-in-Chief of the University of Chicago Law Review.
Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of Law
Paul G. Cassell is an internationally recognized legal scholar on criminal and civil justice, crime victims' rights, constitutional law, evidence, judicial process, and other legal issues. Cassell received a B.A. (1981) and a J.D. (1984) from Stanford University, where he graduated Order of the Coif and was President of the Stanford Law Review. He clerked for then-Judge Antonin Scalia when Scalia was on the U.S. Court of Appeals for the D.C. Circuit (1984-85) and for Chief Justice Warren Burger of the United States Supreme Court (1985-86). Cassell then served as an Associate Deputy Attorney General with the U.S. Justice Department (1986-88) and as an Assistant U.S. Attorney for the Eastern District of Virginia (1988 to 1991). Cassell joined the faculty at the College of Law in 1992, where he taught full-time until he was sworn in as a U.S. District Court Judge for the District of Utah in July 2002. In November 2007, he resigned his judgeship to return full-time to the College of Law to teach, write, and litigate concerning issues relating to crime victims' rights and criminal and civil justice reform. Professor Cassell has also published numerous law review articles in journals such as the Stanford Law Review, the Michigan Law Review, the Harvard Journal of Law and Public Policy, and the Journal of Criminal Law and Criminology. He is a co-author of the nation's only law school textbook on crime victims' rights, Victims in Criminal Procedure (various editions, most recently in its fifth edition published in 2025). Professor Cassell has argued pro bono cases relating to criminal procedure and crime victims' rights before the United States Supreme Court, the 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and D.C. Circuits (including the 5th and 11th Circuits en banc), several U.S. District Courts, the Utah Supreme Court, and the Arizona Supreme Court. In 2020, Cassell received the Ronald Wilson Reagan Public Policy Award - National Crime Victims' Service Award from the U.S. Department of Justice. Cassell is a member of the American Law Institute, a fellow of the American Bar Foundation, and an inaugural member of the Council on Criminal Justice. He is also an occasional blogger at The Volokh Conspiracy.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Founder, Law Offices of William L. Shipley & Associates
Bill’s legal career spanning more than 32 years has been built in the courtroom, not in the office.
After starting out his career with four years in private practice, In 1992 Bill joined the United States Attorney’s Office for the Eastern District of California where he initially represented the United States in civil litigation – including cases involving millions of dollars in dispute.
The desire to handle trials in front of juries led him to move to the Criminal Division of the US Attorney’s Office, where he served as a criminal prosecutor from 1995 to 2002 in California, and from 2003 until 2013 in the United States Attorney’s Office for the District of Hawaii.
Bill was the lead federal prosecutor in every federal criminal trial he was involved in except for his very first one. He was responsible for overseeing and prosecuting cases involving organized crime, white-collar crime, drug crimes, violent crimes, environmental crimes, contract and commercial fraud, tax fraud, and health care fraud. Over the course of his career, he handled more than 1000 cases, took more than 60 jury trials to verdict as lead counsel, handled dozens of appeals, and appeared nearly 20 times before the Ninth Circuit Court of Appeals as counsel for the United States.
He received national recognition and awards from the Department of Justice and his peers in law enforcement for his successful prosecutions of individuals and companies trafficking in chemicals used to manufacture methamphetamine.
In private practice, he has taken all his experience and training as a prosecutor and used it on behalf of his clients to ensure no one is wrongfully accused or convicted. He understands the power and resources the government can employ against his clients, and that his skills and tenacity are the weapons that he can employ on behalf of his clients to defend themselves.
Since starting his private law practice in 2013, Bill has represented defendants in federal criminal cases, as well as plaintiffs in civil fraud cases, employment matters, trade secrets cases, civil rights claims, probate disputes, and medical malpractice matters. He has tried cases in state and federal court, as well as appearing again before the U.S. Ninth Circuit Court of Appeals, and has argued twice before the D.C. Circuit.
Beginning in the fall of 2021, Bill began representing individuals charged in connection with the riot on Capitol Hill on January 6, 2021. Over the course of three years he represented approximately 90 defendants, with 12 of those chosing to take their cases to trial. He represented two different Oath Keeper members in separate trials, one of whom was the only January 6 defendant to be acquitted by a jury on all the felony counts against him. He was also the first defense attorney to obtain an acquittal in a bench trial on the controversial 18 U.S.C. Sec. 1512(c)(2) charge that was later ruled inapplicable to the January 6 riot by the Supreme Court in Fischer v. United States.
Bill is a graduate of UCLA, where he obtained undergraduate degrees in both Political Science and Sociology. He received his law degree from the Antonin Scalia School of Law at George Mason University in Virginia.
Professor of Law, University of Alabama School of Law
Professor Rosen received his LLM with honors from the University of London, London School of Economics, in 1997, his JD from Yale Law School in 1994, and his BS from Cornell University, School of Industrial and Labor Relations, in 1991 as a Merill Presidential Scholar. He served as a Senior Editor of the Yale Law Journal and an Editor of the Yale Journal of International Law. Upon graduation from Yale, he clerked for the Honorable Edward E. Carnes of the U.S. Court of Appeals for the Eleventh Circuit in Montgomery, Alabama. From 1995 to 1996, he was an associate with the Washington, D.C. firm of Fried, Frank, Harris, Shriver & Jacobson. From 1998 to 2002, he worked in Washington, D.C. for the U.S. Securities and Exchange Commission's Division of Market Regulation, where he achieved the rank of Special Counsel. During his time at the Commission, he provided counsel on matters before the President's Working Group on Financial Markets, aided the restoration of financial markets following the terrorist attacks of September 11, 2001, assisted with legislative drafting, and worked on matters including foreign market access, financial derivatives, market structure, and the regulation of exchanges and over-the-counter markets. While at the SEC, Professor Rosen received the Commission's Law and Policy Award and the Manuel F. Cohen Award from the Securities Law Committee of the Federal Bar Association. Before arriving at the University of Alabama, he served as the first Fellow for the Fordham University School of Law's Center for Corporate, Securities and Financial Law in New York City. He has spoken both in the United States and abroad at events sponsored by such organizations as the Association of American Law Schools, the American Society of International Law, the Law and Society Association, the Southeastern Association of Law Schools, Futures Industry Association, the Small Business Committee of the American Bar Association's Section on Business Law, the Washington Campus, National Regulatory Services, and the United Kingdom's City and Financial Conferences.
Professor Rosen has taught multiple courses at the law school including business organizations, securities regulation, international business transactions, economy in crisis (public policy-making role-playing simulation course), integrated financial regulation (banking, commodities, securities, and insurance law), and conflict of laws. He also holds a courtesy appointment in the Department of Economics, Finance, and Legal Studies at The University of Alabama’s Culverhouse College of Commerce and Business Administration and has been appointed to The University of Alabama Graduate School faculty in connection with his work on PhD dissertation committees. His focus on inter-disciplinary matters also has led to his membership in organizations such as the American Economic Association, American Finance Association, and American Law and Economics Association. He has advised The Journal of the Legal Profession and was awarded the Edward M. Friend Jr. Award in the year he coached the law school's team to its first appearance in the national final rounds as a super-regional champion in the American Bar Association's National Appellate Advocacy Competition. He has served as Director of the law school's successful judicial clerkship program, and the law school's students selected him for the 2007-2008 Outstanding Faculty Member Award.
Since joining the legal academy, Professor Rosen continues his public policy work and has advised federal and state government officials. His expertise is sought in various contexts. For example, he has testified before the Committee on Financial Services of the United States House of Representatives. Professor Rosen also currently serves as a Uniform Law Commissioner. He was appointed to represent Alabama on the Uniform Law Commission by the Governor for a term of service that runs to April 4, 2023.
Professor Rosen also continues to be involved in legal matters around the globe. He has advised on business law curricula in Ethiopia and has been selected to teach courses at Australia National University in Canberra, Pusan National University in Korea, and the University of Fribourg in Switzerland. He has served as Director of the law school's exchange program with the University of Fribourg. In addition, he has served as a Corresponding Editor for the American Society of International Law's International Legal Materials and as Co-Chair of ASIL’s Teaching International Law Interest Group. His work for the American Bar Association has included service to the Section of International Law and Practice. His interest in development issues also has led to his participation in the World Bank's Law, Justice, and Development Week program and the International Finance Corporation's Doing Business Project. Moreover, he has served as a member of the Board of Directors of the American Society of Comparative Law and has been selected to be the United States Reporter on Company Law and the Law of Succession for the Congress of the Academy of International Comparative Law in Vienna, Austria.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.