Litigation Update: Davis v. Guam - Podcast
Civil Rights Practice Group Podcast
On March 8, Judge Frances M. Tydingco-Gatewood of the District Court of Guam struck down...
Civil Rights Practice Group
Civil Rights Practice Group Podcast
On March 8, Judge Frances M. Tydingco-Gatewood of the District Court of Guam struck down...
Laughlin McDonald, Susan E. Dudley
President Trump on Friday reinforced how serious he is about reforming the regulatory state by nominating administrative...
Ilya Shapiro, David C. McDonald
Federalist Society Review, Volume 18
Note from the Editor: This article discusses Auer deference, a central issue in Gloucester County...
Short video featuring Joseph Greenlee
Should medical marijuana use limit Second Amendment rights? Joseph Greenlee, Second Amendment attorney, explains the...
Joshua Paul Thompson, Roger B. Clegg
Civil Rights Practice Group Podcast
Hardie v. NCAA is a recently argued case from the Ninth Circuit. It involves a...
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.
President and General Counsel, Public Interest Legal Foundation
J. Christian Adams is the President and General Counsel of the Public Interest Legal Foundation. He served from 2005 to 2010 in the Voting Section at the United States Department of Justice Voting Section. President Trump appointed Adams to the Presidential Advisory Commission on Election Integrity. President Trump also appointed Adams as a Commissioner to the United States Commission on Civil Rights where he also now serves with a term through 2025. He has been involved in election law lawsuits in 33 states and the territory of Guam. He has represented multiple presidential campaigns in election litigation. He has a law degree from the University of South Carolina School of Law. He is a member of the South Carolina and Virginia Bars.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Attorney, Pacific Legal Foundation
A lifelong lover of liberty, David McDonald joined Pacific Legal Foundation’s property rights team in 2023.
As the son of two former gold miners who spent his childhood visiting ghost towns and old mines in the Mojave Desert, he has always been fascinated by the frontier spirit that built this nation and sees the defense of private property rights as absolutely vital to keeping that spirit alive. After reading about eminent domain abuse for the first time in college (and Justice Clarence Thomas’ amazing dissent in Kelo), he realized he needed to become a lawyer so he could put a stop to the government’s flagrant violation of private property rights.
Prior to joining PLF, David was an attorney with Mountain States Legal Foundation in Colorado, where his practice primarily focused on the bureaucratic overreach and intransigence of federal land use agencies like the Bureau of Land Management. While at Mountain States, David represented individuals and small businesses whose rights had been violated by the government before both state and federal courts and administrative tribunals. Before that, he worked as a legal associate with the Cato Institute’s Center for Constitutional Studies, where he authored Supreme Court amicus briefs and scholarly articles on a number of constitutional topics.
David grew up in Southern California and received his undergraduate degree from the University of California, Los Angeles before attending Columbia University for law school.
When not trying to ruin government employees’ days, David can usually be found doing something nerdy like playing board games, arguing about the finer points of Tolkien lore, and taking pub trivia way too seriously.
David is a member of the bar only in the states of New York and Colorado.
Director - Office of Litigation, NRA-ILA
Joseph Greenlee is the Director of the Office of Litigation Counsel at the National Rifle Association Institute for Legislative Action. He is also a Research Associate at the Independence Institute and a Policy Advisor for Legal Affairs at the Heartland Institute.
Greenlee has worked on more than 100 constitutional law cases (representing a party or amicus curiae) and has filed more than 30 briefs with the U.S. Supreme Court.
Greenlee has published 15 scholarly articles on firearms law. He has been cited in over 120 cases, including five United States Supreme Court cases, as well as decisions by five federal circuit courts of appeals, over thirty district courts, the highest courts of six states and Puerto Rico, and three state appellate courts.
Greenlee has also authored dozens of short articles on the right to keep and bear arms, which have appeared in The Hill, Washington Post, Washington Times, and SCOTUSblog, among others.
Director of Equality and Opportunity Litigation, Pacific Legal Foundation
Joshua directs the litigation for PLF’s Equality and Opportunity Program, where he fights to dismantle unconstitutional barriers to opportunity, freeing individuals to rise based on their choices, character, and ability.
Joshua joined PLF as an attorney in 2007. His litigation practice has covered all PLF subject areas with a particular focus on equality and opportunity. Joshua argued PLF’s 13th case before the United States Supreme Court, Cedar Point Nursery v. Hassid, where the court ruled that a California regulation that allowed union organizers onto private property violated the Fifth Amendment’s Takings Clause. Other litigation highlights of his include ending a decades-long racial quota in Hartford, Connecticut, lifting a ban on boys’ dancing in Minnesota, and vindicating an entrepreneur’s right to start a moving business in Kentucky.
Joshua’s writings have been published by the USA Today, Wall Street Journal, and Washington Post. And his research has been published in journals such as Texas Review of Law & Politics, Alabama Civil Rights & Civil Liberties Law Review, Journal of Civil Rights & Economic Development, and Northern Illinois University Law Review. He has appeared on national television and radio, including PBS Newshour, NPR’s All things Considered, Stossel, and Univision.
Joshua earned his BA with distinction from the University of Wisconsin-Madison with a triple major in political science, international relations, and German. He earned his JD cum laude from Michigan State College of Law where he was on the law review and trial practice institute. Joshua lives in Sacramento, California with his wife and three children. He loves playing chess and rooting for Wisconsin sports teams.
Joshua is a member of the bar only in the state of California.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).