Coming Soon to a School Near You?: Common Core - Podcast
Civil Rights Practice Group Podcast
The Common Core State Standards attempts to define what K-12 students should know at the...
Civil Rights Practice Group
Jimmy R. Faircloth, D. John Sauer
Civil Rights Practice Group Podcast
The Common Core State Standards attempts to define what K-12 students should know at the...
Edward J. Blum, William S. Consovoy
Civil Rights Practice Group Podcast
The battle over the use of affirmative action in college admissions seems far from over,...
Civil Rights Practice Group Podcast
The Akaka Bill, originally proposed by former U.S. Senator Daniel Akaka, was designed to establish...
Short Video about the Magna Carta: Muse & Mentor Exhibition
The Library of Congress celebrates the 800th anniversary of the first issue of Magna Carta...
David F. Barton, Roger B. Clegg
Civil Rights Practice Group Podcast
While the Supreme Court in City of Richmond v. J.A. Croson Co. (1989) and Adarand...
Former Special Counselor, U.S. Department of Education
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Assistant Secretary for Fair Housing and Equal Opportunity, United States Department of Housing and Urban Development
Craig Trainor is Assistant Secretary for Fair Housing and Equal Opportunity at the United States Department of Housing and Urban Development. President Trump nominated Mr. Trainor for this position on February 11, 2025, and the United States Senate confirmed him on October 7, 2025.
A “Day One” Trump-Vance Administration official, he previously served as Acting Assistant Secretary for Civil Rights and Principal Deputy Assistant Secretary for Civil Rights at the United States Department of Education, where he spearheaded the Department’s efforts to reorient America’s civil rights regime from an unjust spoils system to one that protects the rights of all Americans. Mr. Trainor’s February 14, 2025, “Dear Colleague” letter is widely considered the Trump Administration’s blueprint for enforcing civil rights laws and restoring the Constitution’s promise of equal protection.
Prior to serving in the Trump-Vance Administration, he was Senior Special Counsel with the United States House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), and Senior Litigation Counsel with the America First Policy Institute under the Honorable Pam Bondi.
For over ten years, Mr. Trainor was a criminal defense and civil rights lawyer in New York City, litigating cases in New York state court and the United States District Court for the Southern and Eastern Districts of New York.
Prior to founding his law practice, he served as a New York City prosecutor, an associate attorney at a white collar criminal defense firm, and a law clerk to Chief Judge Frederick J. Scullin, Jr., United States District Court for the Northern District of New York.
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Fellow, Ethics and Public Policy Center
Rachel N. Morrison is an attorney and Fellow at the Ethics and Public Policy Center, where she directs EPPC’s Administrative State Accountability Project. Her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights.
Before joining EPPC, Ms. Morrison served as an Attorney Advisor and Special Assistant to General Counsel Sharon Fast Gustafson at the Equal Employment Opportunity Commission (EEOC), where she focused on religious discrimination issues and was a member of the General Counsel’s Religious Discrimination Work Group. Before that, she served as Litigation Counsel for Americans United for Life and as a Constitutional Law Fellow at the Becket Fund for Religious Liberty, defending the right to life and religious freedom for all. She also clerked on the U.S. Court of Federal Claims.
Ms. Morrison’s legal analysis has been published in the Seton Hall Law Review, the Pepperdine Law Review, and the Ave Maria Law Review, as well as various other print media outlets.
Ms. Morrison earned her J.D., magna cum laude, from the Pepperdine University School of Law, where she was elected to the Order of the Coif and served as an editor for the Pepperdine Law Review and the Harvard Journal of Law & Public Policy. She received her B.A. in Mathematics and Speech Communication, summa cum laude, from Whitworth University (Spokane, WA). She is a member of the District of Columbia and the Washington State bars.
Ms. Morrison lives with her husband and daughter in Virginia.
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.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Associate Professor of Government; Pre-Law Advisor, Patrick Henry College
Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
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.
Managing Partner, Faircloth, Melton & Keiser, LLC
Jimmy R. Faircloth, Jr., is the founder and managing partner of Faircloth, Melton & Keiser, LLC. He has over two decades of experience in a diverse and highly challenging practice involving hundreds of trials, hearings and appeals in many areas of the law, as well as a two-year stint as Executive Counsel to Governor Bobby Jindal. Mr. Faircloth is widely regarded as the legal architect of the 2008 Special Session on Ethics Reform and for having guided the Jindal administration through its early reform initiatives and the legal challenges posed by Hurricanes Gustav and Ike. He is one of only a few Louisiana attorneys with a masters degree in litigation, is Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy, and is AV rated by Martindale-Hubbell. Mr. Faircloth has practiced in some of the most high profile and complicated cases of the past decade. His practice involves complex commercial litigation, government law and litigation, and governmental relations.
Solicitor General, United States of America
On April 4, 2025, D. John Sauer became the 49th Solicitor General of the United States. He previously served as Solicitor General of Missouri from 2017 to 2023.. Before that, he served as a federal prosecutor for five years and spent time in civil practice at boutique law firms, including the firm he founded, the James Otis Law Group. Mr. Sauer has first-chaired many jury and bench trials, and served as lead counsel in many appeals. He has presented oral argument in the U.S. Supreme Court, the U.S. Court of Appeals for the Eighth Circuit, the Supreme Court of Missouri, and many other state and federal appellate courts. Mr. Sauer served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. He was a Rhodes Scholar and a magna cum laude graduate of Harvard Law School.
President, Students for Fair Admissions
Edward Blum is the president of Students for Fair Admissions, a membership organization whose mission is to eliminate racial and ethnic classifications and preferences in school admissions. Shortly after SFFA’s inception in 2014, the group challenged in federal court the racial admissions policies at Harvard and the University of North Carolina-Chapel Hill. In 2023, the United States Supreme Court struck down the use of race as an admissions factor at all colleges and universities.
He is the president of the newly formed American Alliance for Equal Rights which has filed over a dozen lawsuits challenging the use of race by corporations, law firms, venture capital firms and cultural institutions. Mr. Blum also serves as the President of the Project on Fair Representation, a nonprofit legal foundation formed in 2005 that has provided counsel in a number of race-related U.S. Supreme Court cases including, Shelby Co. Alabama v. Holder, Fisher v. University of Texas (I and II) and Evenwel v. Abbott.
Since 2005, Blum has been a visiting fellow at the American Enterprise Institute where he studies legal and policy issues relating to race and ethnicity. He is the author of a book on the Voting Rights Act, numerous essays and law review articles, and is a frequent contributor to the Wall Street Journal, USA Today, Los Angeles Times, Washington Post, and National Review, among others.
Partner, Consovoy McCarthy Park PLLC
Mr. Consovoy assists clients on a broad range of litigation and appellate issues primarily before the Supreme Court of the United States and federal appellate and district courts, as well as before federal agencies. Mr. Consovoy represents clients in cases involving constitutional issues, interpretation and enforcement of federal statutes, administrative law, civil rights disputes, and a variety of other civil litigation issues. Mr. Consovoy recently argued two cases—Spokeo v. Robbins and Evenwel v. Abbott—before the Supreme Court of the United States.
Mr. Consovoy is a former law clerk to Supreme Court Justice Clarence Thomas, Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit, and the 17th Judicial Circuit of Virginia. Mr. Consovoy is a member of the Edward Coke Appellate Inn of Court and was named by Law360 as a “rising star” in appellate law for 2013. Since 2011, Mr. Consovoy has been the co-director of the Supreme Court Clinic at the Antonin Scalia Law School at George Mason University, where he also is the co-director of the Administrative Law Clinic.
Mr. Consovoy earned his B.A. from Monmouth University, and his J.D. magna cum laude from George Mason University School of Law. Mr. Consovoy is a member of the Virginia and District of Columbia bars.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, The Gardner Law Firm
David F. Barton has extensive experience in environmental, government and government contract, and corporate law. He joined The Gardner Law Firm in 1996 after serving as a United States Air Force JAG officer as well as having six years of private practice with firms in Texas. Mr. Barton counsels clients in environmental matters, government contracts, regulatory compliance, commercial law, and litigation related to those areas. He represents industries, businesses and government units on matters involving water, air, solid and hazardous waste, toxins, wetlands, endangered species, historic preservation, NEPA, Superfund, and federal and state court litigation in those areas. He has taught courses in criminal law, litigation, administration of justice and environmental crimes at several universities throughout the United States, and he has been a guest speaker at environmental law and government contract seminars. Mr. Barton has been licensed to practice in Texas since 1991, and is also licensed in Arkansas. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Military Appeals, and several United States Circuit Courts of Appeals and United States District Courts. He is a member of the State Bar of Texas (Environmental & Natural Resources Section, among others); College of the State Bar of Texas, the Arkansas Bar Association, the Arkansas Bar Foundation (Fellow), the Association of Trial Lawyers of America, and the San Antonio Bar Association (Environmental Section). He is also an active participant in the San Antonio Manufacturers Association, the Alamo Area Chapter - Air & Waste Management Association, and Citizens Advisory Panel of the San Antonio Water System.
University of Arkansas, J.D., 1975; Central Methodist College; University of Missouri at Columbia, B.A., 1967
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).