Debate: The Establishment Clause after Bladensburg
Texas Student Chapter
University of Texas School of Law727 E Dean Keeton St
Austin, TX 77079
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Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Senior Counsel, First Liberty Institute
Jordan Lorence is Senior Counsel in FLI’s Washington, D.C. office, where he represents First Liberty in strategic efforts promoting religious liberty, and works on important First Amendment projects and litigation, including those at the U.S. Supreme Court.
Lorence has a long career of litigating religious liberty cases since 1984. He has worked for many public interest law firms, including Alliance Defending Freedom, Home School Legal Defense Association, the North Star Legal Center and Concerned Women for America.
He has worked on important religious liberty cases. Lorence worked on school choice cases at the Supreme Court, such as Witters v. Washington Department of Services for the Blind (1986), and Trinity Lutheran (2016), which laid the foundation for First Liberty’s crucial win in Carson v. Makin (2022), requiring Maine to include religious schools in its school choice program.
Lorence argued before the U.S. Supreme Court in Regents of the University of Wisconsin v. Southworth (2000). He represented prolife Christian law students from the University of Wisconsin Law School who objected to the University’s requirement that they pay a mandatory student fee that funded the advocacy of student pro-abortion groups. Other Supreme Court cases Lorence has worked on include NIFLA v. Becerra (2018), protecting prolife pregnancy centers from a California statute requiring them to post signs explaining how pregnant women could obtain state-funded abortions; Masterpiece Cakeshop (2017), involving a Christian cake artist sued by the State of Colorado for declining to design a case celebrating the wedding of a same-sex couple and other cases such as Christian Legal Society v. Martinez (2012), Rosenberger v. University of Virginia (1995), Hurley v. GLIB (1995) and Lamb’s Chapel v. Center Moriches Center Moriches School District (1993).
Churches and other religious groups in New York City obtained the right to rent vacant public schools on weekends to conduct worship services after Lorence’s tenacious 20 years of litigation in Bronx Household of Faith. Lorence won protection for churches facing eviction from discriminatory zoning ordinances in Minnesota in Cornerstone Bible Church v. City of Hastings, Minnesota (1991). He also argued at the New Mexico Supreme Court one of the first cases in the nation defending a Christian wedding photographer charged by the State of New Mexico with discrimination for declining to create photos celebrating the commitment ceremony of a lesbian couple in Elane Photography v. Willock (2013).
Lorence defended home schooling families from intrusive school officials during his time working at Home School Legal Defense Association (HSLDA) in the 1980s and 1990s. HSLDA also tasked Lorence with establishing a sister organization in Canada to protect home schooling families there. He traveled extensively in Canada from British Columbia to Prince Edward Island speaking to families how they could protect their right to home school under relevant Canadian law.
Lorence earned his undergraduate degree in journalism from Stanford University and his law degree from the University of Minnesota, his home state. Lorence was born and raised in Minnesota, where he worked one summer building Mighty Dump trucks at Tonka Toys in Mound, Minnesota. For two years immediately after he graduated from law school, Lorence served as the head administrator for a Minnesota Senate committee.
He speaks extensively on First Amendment and other legal issues. Lorence has spoken at least 75 law schools and many legal conferences. Prominent publications such as the Wall Street Journal, the Washington Post and others have printed his opinion pieces on key legal issues involving religious liberty and freedom of speech. He has appeared on such media outlets as Fox News, CNN, National Public Radio, NBC’s Today Show, BBC radio and many others.
Lorence and his wife Marilyn have been married 40 years. They live in the Washington, D.C. area where they raised their seven children.
John S. Battle Professor of Law, University of Virginia School of Law
Julia D. Mahoney teaches courses in property, government finance, constitutional law and nonprofit organizations. A graduate of Yale Law School, she joined the University of Virginia faculty as an associate professor in 1999 and is now John S. Battle Professor of Law. She has also taught at the University of Southern California Law School and the University of Chicago Law School, and before entering the legal academy, practiced law at the New York firm Wachtell, Lipton, Rosen & Katz. Her scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.
Vice President, Practice Groups, The Federalist Society
James A. Baker III Chair in the Rule of Law and World Affairs and Associate Dean for Academic Affairs, The University of Texas at Austin School of Law
Bobby Chesney holds the James Baker Chair and also serves as the Associate Dean for Academic Affairs at the University of Texas School of Law. In addition, he is the Director of the Robert S. Strauss Center for International Security and Law, a University-wide research unit bridging across disciplines to improve understanding of international security issues.
In 2009, Professor Chesney served in the Justice Department in connection with the Detention Policy Task Force created by Executive Order 13493. He also previously served the Intelligence Community as an associate member of the Intelligence Science Board and as a member of the Advanced Technology Board. In addition to his current positions at the University of Texas, he is a member of the American Law Institute, and a senior editor for the Journal of National Security Law & Policy, and a former non-resident Senior Fellow of the Brookings Institution.
Professor Chesney is a co-founder and contributor to www.lawfareblog.com, the leading source for analysis, commentary, and news relating to law and national security. In addition to his blogging at Lawfare, those interested in national security law should consider following Professor Chesney on Twitter (@bobbychesney) as well as subscribing to the National Security Law Podcast (which he co-hosts with his colleague Steve Vladeck). Professor Chesney's scholarship focuses on U.S. national security policies and institutions, encompassing both domestic and international law issues. His articles may be downloaded from SSRN here.
Professor Chesney is a magna cum laude graduate of both Texas Christian University and Harvard Law School. After law school he clerked for the Honorable Lewis A. Kaplan of the United States District Court for the Southern District of New York and the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit. He then practiced with the firm Davis Polk & Wardwell in New York (litigation), before beginning his academic career with Wake Forest University School of Law. There he received a teacher of the year award from the student body in one year, and from the school's dean in another. In 2008 he came to the University of Texas School of Law as a visiting professor, and then joined UT on a permanent basis in 2009. He became the Associate Dean for Academic Affairs in 2011.
Professor Chesney teaches a variety of courses, including: Constitutional Law, National Security Law, Foundations of Cybersecurity: Law, Institutions, and Policy; Law of the Intelligence Community; History of U.S. Counterterrorism Law & Policy: 1970 to Present; Evidence, Civil Procedure, and an array of seminars. He is from San Antonio.
Executive Vice President, Chief Legal Officer, Gates Corporation
Matthew R. A. Heiman joined the Company in May 2026 and has served as the Company’s Chief Legal Officer and Corporate Secretary since June 2026. As Chief Legal Officer, Mr. Heiman is responsible for all legal functions for Gates, including securities and corporate governance, M&A, litigation, commercial, regulatory, compliance, patents and trademarks, real estate, employment and labor, sustainability and environmental matters. Prior to joining Gates, Mr. Heiman held senior legal leadership roles at Waystar, where he served as Chief Legal & Administrative Officer from 2023 to 2025 and as General Counsel and Corporate Secretary from 2020 to 2023. Prior to that, he was with Johnson Controls, where he served as Vice President, Corporate Secretary, and Associate General Counsel. Mr. Heiman has been a Senior Fellow for the National Security Institute at George Mason University’s Antonin Scalia School of Law since 2018.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
Professor of Politics and International Relations, University of Kent
Matthew joined the University of Kent in 2015 and is known for his work on British and European politics, populism, immigration and Euroscepticism. Matthew holds a B.A. (First Class Hons), M.A. and PhD. He started his academic career working for a self-funded research institute at the University of Manchester. He was then awarded a Postdoctoral Fellowship with the Economic and Social Research Council. In 2010, he was appointed lecturer at the University of Nottingham, where he completed projects funded by the Leverhulme Trust, Nuffield Foundation, British Academy and others. He was also the recipient of an ESRC Knowledge Exchange Fellowship and spent twelve months on a full-time secondment in a central government department. In 2015 he was appointed Professor of Politics at the University of Kent.
Matthew's contribution to research has been recognised by several bodies. In 2014 he was recipient of the Richard Rose Prize for his distinctive contribution to the study of politics. In the same year, he was awarded the Communicator Prize for his dissemination of social science research to a wider audience. In 2015, he won the Paddy Power Political Book of the Year for Revolt on the Right, co-authored with Robert Ford, which was also long-listed for the Orwell Prize. He has published six books, including National Populism: The Revolt Against Liberal Democracy (Penguin) and dozens of peer-reviewed articles in journals such as the British Journal of Political Science, Electoral Studies, European Journal of Political Research and Party Politics. Since completing his PhD, he has attracted around £2 million in external research funding.
Matthew has several other roles and responsibilities. Since 2008 he has been co-editor of the Routledge book series on Extremism and Democracy. Between 2011 and 2015 he served as a member of the UK government's working group on anti-Muslim hatred. Between 2013 and 2016 he was a Trustee and member of the executive committee of the Political Studies Association, a leading association for the study of politics that was founded in 1950. Matthew is an outward-facing researcher who shares the view that social science should be as much about contributing to wider society as to the social sciences. He frequently appears in broadcast and print media and has engaged with more than 200 non-academic organizations, from the European Parliament and U.S. State Department to the Prime Minister’s Office and Deutsche Bank.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Justice, Supreme Court of Arizona
Clint Bolick was appointed by Governor Doug Ducey in January 2016 to serve on the Arizona Supreme Court and was retained by the voters in 2018 and 2024.
Prior to joining the Court, Justice Bolick litigated constitutional cases in state and federal courts from coast to coast, including the U.S. Supreme Court. Among other positions, he served as Vice President for Litigation at the Goldwater Institute and as Co-founder and Vice President for Litigation at the Institute for Justice. He has litigated in support of school choice, freedom of enterprise, private property rights, freedom of speech, and federalism, and against racial classifications and government subsidies.
Justice Bolick received his Juris Doctor degree from the University of California at Davis, where he has been recognized as a distinguished alumnus, and his Bachelor of Arts degree magna cum laude from Drew University. He serves as a research fellow with the Hoover Institution. Among other honors, he was named one of the 90 Greatest DC Lawyers in the Last 30 Years by Legal Times in 2008, received a Bradley Prize in 2006, and was recognized as one of the nation’s three lawyers of the year by American Lawyer in 2002 for his successful defense of school vouchers in Zelman v. Simmons-Harris.
Justice Bolick is a prolific author of a dozen books and hundreds of articles. Among his most recent books are Unshackled: Freeing America’s K-12 Education System: Immigration Wars: Forging an American Solution, co-authored with former Florida Governor Jeb Bush; and David’s Hammer: The Case for an Activist Judiciary. Bolick serves as an adjunct professor of constitutional law at Arizona State University’s Sandra Day O’Connor School of Law and has served as a lecturer at Harvard University’s John F. Kennedy School of Government.
William G. McRoberts Professor in the Empirical Study of Law, Cornell University School of Law
Michael Heise's research focuses on bridging empirical methodologies and legal theory. He earned an A.B. from Stanford University, a J.D. from the University of Chicago, and a Ph.D. from Northwestern University, and was admitted to the Illinois Bar in 1987.
Professor Heise served as Senior Legal Counsel to the Assistant Secretary for Civil Rights in the U.S. Department of Education and later as Deputy Chief of Staff to the U.S. Secretary of Education. He entered academia in 1994 as a Visiting Assistant Professor at Indiana University School of Law, becoming Assistant Professor in 1995, and Associate Professor in 1999 before moving to Case Western Reserve University as Professor of Law. He joined the Cornell Law School faculty as Professor of Law in 2003.
The author or co-author of over one hundred scholarly articles, Professor Heise's research and teaching areas include torts, law and education policy, insurance, constitutional law, and empirical methods. Professor Heise has co-edited the Journal of Empirical Legal Studies since 2005 and is a Founding Director of the Society for Empirical Legal Studies.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Florida Office Managing Attorney, Institute for Justice
Justin Pearson is the Institute’s Florida Office Managing Attorney. He also coordinates aspects of the Institute’s national economic liberty efforts and personally directs IJ’s National Street Vending Initiative. Justin has devoted his career to vindicating the constitutional rights of small-business owners, and he has victoriously litigated on their behalf in trial and appellate courts across the nation.
Justin often wins in novel ways. He was the lead counsel in a federal appellate court victory vindicating the right of a Florida dairy creamery to tell the truth on its labels, which was the first victorious First Amendment challenge to a food standard of identity in U.S. history. His win against Little Rock’s ban on taxi competition was based on a provision in the Arkansas Constitution that had not been successfully relied upon in over half a century. And his victory against Fort Pierce’s food truck ban included the first preliminary injunction ever issued in this type of challenge anywhere in the nation.
In addition to litigation, Justin has testified to Florida Senate and House committees dozens of times, and provisions suggested by Justin have been enacted into law. The successful bills that Justin has actively supported include Florida’s 2021 cottage food, home-based business, and local occupational licensing reforms, Florida’s historic 2020 occupational licensing reform (which repealed the most occupational licensing barriers in U.S. history), Florida’s 2019 repeal of the certificate of need requirement for hospitals, Florida’s 2019 Fresh Start reform making it easier for individuals with criminal records to obtain employment, and Florida’s 2016 overhaul of its civil forfeiture laws.
Justin’s work has appeared in countless media outlets, and Justin has spoken to scores of law schools and attorney organizations across the nation. The law schools that have hosted Justin’s talks include Yale, the University of Chicago, Duke, NYU, Notre Dame, and the University of Michigan, among many others.
Prior to joining IJ, Justin founded and managed his own law practice to advocate for small-business owners, and Justin’s law practice was successful for many years before he made the decision to join IJ in 2012 to better fight against government power gone awry.
Justin received his law degree with honors from the University of Miami in 2002, where he was the Research and Writing Editor for, and was published in, the University of Miami Business Law Review. Justin received his undergraduate degree in business management from North Carolina State University. Justin has been honored by the Daily Business Review and Law.com for being one of South Florida’s “Most Effective Lawyers.”