New Guidance Documents from the Department of Education and Department of Justice Address Race-Based Decision-Making by Schools
In June 2023, the U.S. Supreme Court announced its decisions in SFFA v. Harvard and...
Civil Rights Practice Group
Anthony Pericolo, William E. Trachman
In June 2023, the U.S. Supreme Court announced its decisions in SFFA v. Harvard and...
Juan Del Toro, Kristen Harper, Dan Morenoff, Alison E. Somin
Regulatory Transparency Project's Fourth Branch Podcast
During President Obama’s second term, the U.S. Education Department began sharing studies indicating that black...
Six years ago, I filed a FOIA request for various documents relating to the origin...
This post was originally published at the James G. Martin Center for Academic Renewal. The...
Recently, the Sixth Circuit upheld Tennessee’s ban on so-called gender-affirming medical interventions for minors. Of...
Solicitor General of Nebraska
Cody Barnett previously served as legal counsel on Alliance Defending Freedom’s Appellate Advocacy Team, where he represented various ADF clients before appellate courts across the country.
Before joining ADF, Barnett served as the William H. Rehnquist Fellow at Cooper & Kirk PLLC. He then went on to clerk for the Honorable Amul R. Thapar and the Honorable Raymond M. Kethledge, both of the U.S. Court of Appeals for the 6th Circuit, and for the Honorable Justin R. Walker of the U.S. Court of Appeals for the District of Columbia.
Barnett earned his J.D. from the University of Kentucky College of Law in 2017, where he graduated first in his class. He also served as president of the Christian Legal Society and as an articles editor for the Kentucky Law Journal. He completed ADF’s Blackstone Legal Fellowship in 2017. Prior to law school, Barnett earned a Bachelor of Arts in both history and political science from Transylvania University.
Barnett is admitted to practice law in Kentucky, the District of Columbia, and before several U.S. Courts of Appeal.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Vice President and Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
Jennifer B. Dickey is vice president and deputy chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Dickey handles a variety of litigation matters for the Chamber.
Dickey joined the Chamber following her service as Acting Assistant Attorney General and Principal Deputy Assistant Attorney General in the Civil Division at the U.S. Department of Justice. She also previously served as Deputy Associate Attorney General, providing strategic oversight of the Civil Division, Civil Rights Division, and Foreign Claims Settlement Commission, as well as Special Assistant to the President and Associate Counsel to the President. In the latter capacity, she provided legal advice on a wide array of executive actions and rulemakings, civil litigation, and judicial nominations.
Dickey also practiced law at Kirkland & Ellis LLP before her government service. She was a commercial and appellate litigator, representing businesses in federal and state courts.
Earlier in her career, Dickey served as a law clerk for the Honorable Clarence Thomas of the Supreme Court of the United States and the Honorable William H. Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit.
Dickey earned her law degree magna cum laude from Duke University School of Law, where she was an Executive Editor of the Duke Law Journal, and her undergraduate degree magna cum laude from Dartmouth College.
Associate Counsel, The Wisconsin Institute for Law & Liberty (WILL)
Lauren Greuel is Associate Counsel at WILL. She focuses on legal and policy issues related to K-12 education in Wisconsin.
Lauren returned to Wisconsin this year after receiving her law degree, from Regent University School of Law in Virginia Beach, VA. She also holds a Bachelor of Arts degree in Political Economy, from Hillsdale College in Hillsdale, MI.
Lauren worked for WILL from 2018-2020 as a policy intern and is happy to return as an attorney—to continue to fight for an education system that is student-centered and prioritizes the freedom of families to choose the best education for their children.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Deputy Solicitor General, Director of the Tenth Amendment Center, Ohio Attorney General's Office
John serves in the Office of the Solicitor General as a Deputy Solicitor General and as the Director of the Tenth Amendment Center. In his role, John monitors federal actions, orders, statutes, and regulations for potential overreach and advises the Solicitor General about potential actions to protect the interests of the State of Ohio. John works in both state and federal courts, including the U.S. Supreme Court, the U.S. Courts of Appeals, and the Ohio Supreme Court.
John previously practiced as a litigator at two large law firms in Columbus. He clerked for Judge Joseph Hood on the U.S. District Court for the Eastern District of Kentucky and Judge Eugene Siler for the U.S. Court of Appeals for the Sixth Circuit.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Executive Director, Alliance For Consumers; President & CEO, American Juris Link
O.H. Skinner is the President & CEO of American Juris Link, a nonprofit dedicated to accelerating nonprofit litigation to advance freedom, liberty, and the rule of law. O.H. has a long track record in facilitating strategic nonprofit litigation in his role as the Executive Director at Alliance For Consumers as well as from his time serving Arizona Attorney General Mark Brnovich in senior positions, including as Arizona Solicitor General. O.H. is a graduate of the University of Pennsylvania and Harvard Law School. Prior to joining the Arizona Attorney General's Office, O.H. practiced at WilmerHale and Ropes & Gray in Boston, and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit. In 2023, O.H. was a Wasserstein Public Interest Fellow at Harvard Law School, where he counseled students as a Harvard-identified “outstanding public interest attorney.”
In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
Adjunct Professor of Law; Director, N.Y. Census and Redistricting Institute, New York Law School
Jeff Wice is a Distinguished Adjunct Professor and Senior Fellow at New York Law School where he directs the New York Elections, Census & Redistricting Institute and teaches classes on redistricting, election law, and the census. He is now working on his sixth redistricting cycle. In past years, he served as a redistricting counsel to New York State Legislativbe Leaders and as counsel to three New York City Districting Commissions and to numerous counties and localities across New York and the nation.
During the 2000 census cycle, Professor Wice served as counsel to President Bill Clinton’s members of the U.S. Census Monitoring Board. He is the co-editor/author of the National Conference of State Legislatures' 2020 Redistricting Redbook, a comprehensive handbook on the census and redistricting.
‘’City & State NY’ recognized Professor Wice as one of New York’s “Top 50 Over 50” in 2022 and just last month as a "New York legal trailblazer" for his efforts promoting fair representation and the census. He is a graduate of the George Washington University and Antioch School of Law.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Assistant Professor, Department of Psychology, University of Minnesota
Dr. Juan Del Toro is an Assistant Professor at the Department of Psychology at the University of Minnesota, Twin Cities. He also holds a Research Associate affiliation with the Learning Research and Development Center (LRDC) at the University of Pittsburgh. Dr. Del Toro received his Ph.D. in Developmental Psychology with a concentration in Advanced Quantitative Analyses from New York University.
As a developmental psychologist, Dr. Del Toro examines how specific perpetrators of ethnic-racial discrimination (e.g., peers, school adults, and law enforcement) shape children’s life course trajectories. The goal of specifying perpetrators is to inform setting-specific policies and interventions working to improve the well-being of all youth.
His research includes a series of first authored publications in Child Development, American Psychologist, and the Proceedings of the National Academy of Sciences (PNAS) and has been featured in the Huffington Post, Forbes, and the New York Times. Dr. Del Toro serves on the editorial boards for the Journal of Research on Adolescence, the journal for Cultural Diversity and Ethnic Minority Psychology, and the Journal of Educational Psychology.
Vice President for Public Policy and Engagement, Child Trends
Kristen Harper brings to Child Trends a wealth of expertise in utilizing research to drive policy decision making and promote better outcomes for youth. She serves as a strategic advisor working to continuously improve the policy relevance of Child Trends’ portfolio and connect researchers with local, state, and federal officials. Kristen is also a nationally recognized expert on education policy, racial and ethnic disparities in education, school discipline policy, and school health and climate, and has been cited and quoted by The Wall Street Journal, the Associated Press, Politico, Education Week, U.S. News & World Report, and The 74, among other publications. Kristen is a proud member of the 2019-2021 class of the Annie E. Casey Foundations’ Child and Family Fellowship.
Currently, Kristen is the principal investigator of a study to examine how shifts in Medicaid policy have influenced reimbursements for school-based health services and school capacity to promote health equity. She serves as a senior advisor for multiple projects—funded by the U.S. Department of Education, the Centers for Disease Control and Prevention, and the Robert Wood Johnson Foundation—dedicated to improving school health, school safety, and adolescent health. Kristen previously led a project to build a framework to assess how states support children and youth with special health care needs.
Kristen came to Child Trends after serving for seven years in the U.S. Department of Education, where she was a chief architect of the agency’s efforts to improve conditions for learning. As a senior policy advisor for the Office of Special Education and Rehabilitative Services (OSERS), she authored federal regulations to reduce racial and ethnic disparities in the identification, placement, and discipline of children with disabilities. In this role, Kristen also directed the Department’s efforts to promote alternatives to suspension under the Supportive School Discipline Initiative, a partnership launched in 2011 between the U.S. Departments of Education and Justice to address exclusionary and punitive discipline. Her leadership in addressing school discipline continued under the federal My Brother’s Keeper initiative, a taskforce launched in 2014 to improve outcomes for young men and boys of color. Prior to OSERS, Kristen served in the Department’s elementary and secondary education offices advancing policy initiatives to improve school climate and conditions for learning. With her guidance, the Department established, in 2010, the first federal grant to support the use of survey measurement to improve school climate programming.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Legal Fellow, Center for the Separation of Powers, Pacific Legal Foundation
Alison Somin joined Pacific Legal Foundation in May 2020 as a legal fellow in the Center for the Separation of Powers and part of the equality before the law practice group.
Before joining the Pacific Legal Foundation team, Alison was a special assistant and counsel for over a decade to Gail Heriot, a member of the bipartisan United States Commission on Civil Rights. She also has deep roots in the liberty movement. Alison was a Koch Associate at the National Federation for Independent Business Legal Foundation and, during law school, completed summer clerkships at the Institute for Justice and the Charles G. Koch Charitable Foundation. She holds a J.D. from Emory University School of Law and an A.B. in history from Dartmouth College.
Her work has been published in the San Francisco Chronicle, the Daily Journal, Texas Journal of Law and Politics, and The Federalist Society’s Engage magazine and blog.
She lives in northern Virginia with her husband Ilya; two children; and golden retriever Willow. In her spare time, she enjoys reading, baking and cooking, children’s art projects, and training and exercising Willow.
Professor of History, Brooklyn College and the CUNY Graduate Center
KC Johnson is professor of history at Brooklyn College and the CUNY Graduate Center, where he has taught since 1999. He has written 13 books on topics in U.S. political history, U.S. foreign policy, and legal and policy debates surrounding campus due process and civil liberties. His Duke lacrosse case blog, Durham-in-Wonderland, was named ABA Journal’s Best Ethics Blog in 2007; and he continues to blog on higher-ed matters at the blog Minding the Campus.
Professor of History, Brooklyn College and the CUNY Graduate Center
KC Johnson is professor of history at Brooklyn College and the CUNY Graduate Center, where he has taught since 1999. He has written 13 books on topics in U.S. political history, U.S. foreign policy, and legal and policy debates surrounding campus due process and civil liberties. His Duke lacrosse case blog, Durham-in-Wonderland, was named ABA Journal’s Best Ethics Blog in 2007; and he continues to blog on higher-ed matters at the blog Minding the Campus.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.