Are Secret Gender Transition Policies Unconstitutional? Mirabelli v. Bonta and the New Frontier in Parental Rights
Parental rights advocates celebrate the recent victory in Mirabelli v. Bonta, where the Supreme Court granted...
Peter Breen, John J. Bursch, Sarah Parshall Perry, Eric Rassbach
Parental rights advocates celebrate the recent victory in Mirabelli v. Bonta, where the Supreme Court granted...
Erin M. Hawley, Mary Margaret Olohan, Sarah Parshall Perry, Mark Trammell
Medical Malpractice and the Future of Institutional Accountability
In the first medical malpractice verdict of its kind, a New York jury awarded $2...
Erin M. Hawley, Mary Margaret Olohan, Sarah Parshall Perry, Mark Trammell
Medical Malpractice and the Future of Institutional Accountability
In the first medical malpractice verdict of its kind, a New York jury awarded $2...
Jim Blew, Leslie Davis Hiner, Shaka Laurence Mitchell, Gene C. Schaerr
School choice has come more to the fore of public awareness in the past several...
Jim Blew, Leslie Davis Hiner, Shaka Laurence Mitchell, Gene C. Schaerr
School choice has come more to the fore of public awareness in the past several...
Founder and Director, James Wilson Institute on Natural Rights & the American Founding
Hadley Arkes joined the faculty of Amherst College in 1966. He became the Edward Ney Professor of Jurisprudence in 1987, and held that chair until he retired officially in July 2015. But he has not retired from writing and speaking. He has carried that teaching into a new phase; he has become the Founder and Director of the James Wilson Institute on Natural Rights and the American Founding in Washington, D.C. He has written eight books, mostly with Princeton and Cambridge University Presss. Among the books at Princeton have been: The Philosopher in the City (1981), First Things (1986), Beyond the Constitution (1990), and The Return of George Sutherland (1994). With Cambridge Press he has done Natural Rights and the Right to Choose (2002), and Constitutional Illusions & Anchoring Truths: The Touchstone of the Natural Law (2010). His most recent book, with Regnery Press is Mere Natural Law (2023) His articles have appeared in professional journals, but apart from his writing in more scholarly formats, he has become known to a wider audience through his writings in the Wall Street Journal, National Review, Civitas and First Things, a journal that took its name from his book of that title.
He was the main advocate, and architect, of the bill that became known as the Born-Alive Infants’ Protection Act. The account of his experience, in moving the bill through Congress, is contained as an epilogue or memoir in his book, Natural Rights & the Right to Choose. Arkes first prepared his proposal as part of the debating kit assembled for the first George Bush in 1988. The purpose of that proposal was to offer the “most modest first step” of all in legislating on abortion, and opening a conversation even with people who called themselves “pro-choice.” Professor Arkes proposed to begin simply by preserving the life of a child who survived an abortion–contrary to the holding of one federal judge, that such a child was not protected by the laws. Professor Arkes led the testimony on the bill before the Judiciary Committee of the U.S. House in July 2000, then again in July 2001. The legislative calendar was upended in the aftermath of September 11th, but in March 2002, the bill was brought to the floor of the House, where it passed unanimously. To the surprise of Professor Arkes, the bill was brought to the floor of the Senate on July 18 by the Deputy Majority Leader, Harry Reid, and passed in the same way. On August 5, President Bush signed the bill into law with Professor Arkes in attendance.
Professor Arkes was the founder, at Amherst, of the Committee for the American Founding, a group of alumni and students seeking to preserve, at Amherst, the doctrines of “natural rights” taught by the American Founders and Lincoln. That interest has been carried over now to the founding of a new center for the jurisprudence of natural law, in Washington, D.C.: the James Wilson Institute on Natural Rights and the American Founding, named for one of the premier minds among the American Founders. Professor Arkes has drawn to this project a cluster of accomplished federal judges who have wanted to get a firmer hold on the natural law, and brought them together with some gifted teachers of philosophy and law. The new institute will be sponsoring lectures and seminars in Washington and other parts of the country. The purpose of this new James Wilson Institute is to teach anew, to lawyers, judges, and students those principles of law that furnished the guide to the American Founders as they set about framing a Constitution. And the hope is to restore, to a new generation, the furnishings of mind of the men who formed this regime.
Associate Professor of Politics, University of Dallas
Daniel Burns is Associate Professor of Politics at the University of Dallas, where he has taught since 2012, and where he served in 2020-21 as Interim Associate Dean of the College of Liberal Arts. He has held visiting fellowships at the University of Texas at Austin and the Catholic University of America. He received his doctorate in political science from Boston College in 2012 and his B.A. in political science from Williams College in 2006.
Prof. Burns’s research in the history of political thought focuses on the relation between religion and citizenship, especially in the writings of Plato, Cicero, Augustine, al-Farabi, John Locke, the American founding generation, and Joseph Ratzinger. His first book, Augustine’s Philosophy of Law, is forthcoming this year from Cambridge University Press. He is completing a book on Joseph Ratzinger's model for church-state relations in modern liberal democracies.
During a year of academic leave in 2019-2020, Prof. Burns served as Deputy Director of the U.S Congress's Joint Economic Committee, and then as Senior Policy Analyst (contractor) at the Office for Civil Rights of the U.S. Department of Health and Human Services. He has been a Contributing Editor at Public Discourse, and his writings have appeared in outlets including The New York Times, The Washington Post, The American Interest, National Affairs, America Magazine, National Review, and First Things.
Associate, Wright Close & Barger, LLP
Conor is a highly motivated, creative, and seasoned lawyer, with a level of courtroom experience usually found in lawyers far more senior. He has significant appellate skills, deep knowledge of the Texas Supreme Court, and outstanding analytical and writing abilities. Conor has handled every stage of civil litigation, including drafting initial pleadings and answers, seeking and repelling discovery, taking and defending depositions, and handling high-stakes claims and defenses at trial. Conor brings keen insights and innovative legal arguments to all his cases.
An eighth-generation Texan born and raised in Houston, Conor’s devotion to Texas runs deep. Appointed by Governor Abbott and confirmed by the Texas Senate, he serves as a commissioner of the Texas Commission on Law Enforcement, the statewide agency of more than 130 employees that sets and enforces standards that ensure the citizens of Texas are served by highly trained and ethical law enforcement, corrections, and telecommunications personnel.
Conor also maintains an active pro bono practice focusing on religious liberty disputes.
District Judge, United States District Court, Northern District of Texas
Matthew J. Kacsmaryk serves as United States District Judge for the Northern District of Texas.
He previously served in the (1) private, (2) government, and (3) nonprofit sectors:
Judge Kacsmaryk is an Honors graduate of the University of Texas Law School, where he joined the Federalist Society and served as an Executive Editor of the Texas Review of Law & Politics. Judge Kacsmaryk co-founded the Fort Worth Lawyers Chapter in 2012, coordinated the 2018 Texas Chapters Conference hosted by the Fort Worth Lawyers Chapter, and presently serves on its Advisory Board.
Vice President of Domestic and Economic Policy, The Heritage Foundation
Roger Severino is Vice President of Economic and Domestic Policy, and the Joseph C. and Elizabeth A. Anderlik Fellow at The Heritage Foundation.
Severino is a national authority on civil rights, conscience and religious freedom, the administrative state, and information privacy, particularly as applied to health care law and policy. Find his tweets at @RogerSeverino_.
Severino spearheaded the HHS Accountability Project while a Senior Fellow at EPPC from 2021 to 2023. Previously, Severino was Director of HHS’ Office for Civil Rights, where he led a team of over 250 staff enforcing our nation’s civil rights, conscience and religious freedom, and health information privacy laws. He served from 2017 to 2021 and was the longest-serving OCR director of the past three decades.
Prior to joining HHS, Severino served for two years as Director of the DeVos Center for Religion and Civil Society at Heritage, advocating for life, family, and religious-freedom policies. Before that, he was a trial attorney for seven years at the U.S. Department of Justice’s Civil Rights Division where he enforced the Fair Housing Act and the Civil Rights Act of 1964. Severino started his legal career at the Becket Fund for Religious Liberty, where he was Legal Counsel and Chief Operations Officer and defended the rights of people of all faiths under federal and international law.
Severino has been profiled in The New York Times, The Atlantic, The Wall Street Journal, and The Hill and has appeared on Fox News, CNN, MSNBC, NPR, and PBS, among others. In 2020, The New York Times dubbed him and his wife Carrie, “a conservative power couple” to be reckoned with.
Severino holds a JD from Harvard Law School, a master’s degree in public policy, with highest distinction, from Carnegie Mellon University, and a bachelor’s degree in business from the University of Southern California. He was appointed by President Trump to the Administrative Conference of the United States and is a member of the District of Columbia and the Commonwealth of Virginia bars.
As OCR director, Severino founded the federal government’s first division dedicated exclusively to conscience and religious freedom compliance and enforcement. He enforced the Weldon Amendment for the first time against a state (California) after it coerced families and religious organizations into paying for abortion insurance coverage, leading to a $200 million federal funding disallowance. He also enforced laws protecting pro-life pregnancy resource centers from discrimination by states hostile to their message and enforced laws prohibiting forced participation in abortions by medical professionals.
With respect to civil rights, Severino protected older persons and people with disabilities from being denied life-saving care due to discriminatory “quality of life” judgments, especially during the COVID-19 pandemic. He also achieved a landmark sexual harassment resolution with Michigan State University in the wake of the Larry Nassar sexual assault scandal and protected the rights of non-English speakers to have equal access to health and human services.
In the area of health privacy, he secured the largest HIPAA monetary settlement in history and achieved the largest number of enforcement resolutions both in a single year and across four years. He also facilitated the transformational use of Skype, Zoom, and Facetime for delivery of telehealth during the COVID-19 pandemic and beyond.
His regulatory reform activities resulted in a comprehensive conscience protection regulation and proposed a life-affirming disability rights regulation. He achieved regulatory savings of $3.6 billion in health care industry costs over five years and identified and proposed an additional $3.2 billion in cost savings from the repeal of ineffective and unnecessary regulatory burdens.
Severino is a Spanish speaker who teaches salsa and west coast swing in his spare time.
Senior Counsel, Director of Center for Academic Freedom, Alliance Defending Freedom
Tyson Langhofer serves as senior counsel and director of the Center for Academic Freedom with Alliance Defending Freedom.
Langhofer represents students and faculty at public high schools and colleges in defending their First Amendment rights. For example, in Denton v. Hecht, he successfully defended a Florida State University student after he was removed as Student Senate President simply for sharing his Catholic views in a private group chat. In Cross v. Loudoun County Public Schools, he successfully defended an elementary school gym teacher after the school suspended him for peacefully sharing his views on a proposed policy at a public school board meeting.
Langhofer has extensive experience in civil litigation and constitutional law. Before joining ADF, Langhofer was a partner with Stinson LLP, where he worked as a commercial litigation attorney from 2000 until he joined ADF in 2015.
Langhofer is Peer Review Rated AV® Preeminent in Martindale-Hubbell. He is a sought-after speaker on legal and cultural issues. He regularly comments on free speech issues in television, radio, and print media. He has appeared as a guest and written pieces for numerous major media outlets, including The Washington Post, The Washington Times, USA Today, Townhall, The Federalist, and The Daily Wire.
Langhofer earned his Juris Doctor from Regent University School of Law in 1999, graduating cum laude. Langhofer is admitted to practice in multiple states, the Supreme Court, and numerous federal district and appellate courts.
Vice President of Domestic and Economic Policy, The Heritage Foundation
Roger Severino is Vice President of Economic and Domestic Policy, and the Joseph C. and Elizabeth A. Anderlik Fellow at The Heritage Foundation.
Severino is a national authority on civil rights, conscience and religious freedom, the administrative state, and information privacy, particularly as applied to health care law and policy. Find his tweets at @RogerSeverino_.
Severino spearheaded the HHS Accountability Project while a Senior Fellow at EPPC from 2021 to 2023. Previously, Severino was Director of HHS’ Office for Civil Rights, where he led a team of over 250 staff enforcing our nation’s civil rights, conscience and religious freedom, and health information privacy laws. He served from 2017 to 2021 and was the longest-serving OCR director of the past three decades.
Prior to joining HHS, Severino served for two years as Director of the DeVos Center for Religion and Civil Society at Heritage, advocating for life, family, and religious-freedom policies. Before that, he was a trial attorney for seven years at the U.S. Department of Justice’s Civil Rights Division where he enforced the Fair Housing Act and the Civil Rights Act of 1964. Severino started his legal career at the Becket Fund for Religious Liberty, where he was Legal Counsel and Chief Operations Officer and defended the rights of people of all faiths under federal and international law.
Severino has been profiled in The New York Times, The Atlantic, The Wall Street Journal, and The Hill and has appeared on Fox News, CNN, MSNBC, NPR, and PBS, among others. In 2020, The New York Times dubbed him and his wife Carrie, “a conservative power couple” to be reckoned with.
Severino holds a JD from Harvard Law School, a master’s degree in public policy, with highest distinction, from Carnegie Mellon University, and a bachelor’s degree in business from the University of Southern California. He was appointed by President Trump to the Administrative Conference of the United States and is a member of the District of Columbia and the Commonwealth of Virginia bars.
As OCR director, Severino founded the federal government’s first division dedicated exclusively to conscience and religious freedom compliance and enforcement. He enforced the Weldon Amendment for the first time against a state (California) after it coerced families and religious organizations into paying for abortion insurance coverage, leading to a $200 million federal funding disallowance. He also enforced laws protecting pro-life pregnancy resource centers from discrimination by states hostile to their message and enforced laws prohibiting forced participation in abortions by medical professionals.
With respect to civil rights, Severino protected older persons and people with disabilities from being denied life-saving care due to discriminatory “quality of life” judgments, especially during the COVID-19 pandemic. He also achieved a landmark sexual harassment resolution with Michigan State University in the wake of the Larry Nassar sexual assault scandal and protected the rights of non-English speakers to have equal access to health and human services.
In the area of health privacy, he secured the largest HIPAA monetary settlement in history and achieved the largest number of enforcement resolutions both in a single year and across four years. He also facilitated the transformational use of Skype, Zoom, and Facetime for delivery of telehealth during the COVID-19 pandemic and beyond.
His regulatory reform activities resulted in a comprehensive conscience protection regulation and proposed a life-affirming disability rights regulation. He achieved regulatory savings of $3.6 billion in health care industry costs over five years and identified and proposed an additional $3.2 billion in cost savings from the repeal of ineffective and unnecessary regulatory burdens.
Severino is a Spanish speaker who teaches salsa and west coast swing in his spare time.
Michael Sylvester serves as Litigation Counsel for the Founding Freedoms Law Center, where he focuses on advancing legal matters through the judicial process to protect clients’ religious liberties and other fundamental freedoms.
Before taking this role, Michael was an attorney for a medical malpractice defense law firm in Northern Virginia. There, he defended physicians, nurses, and healthcare facilities in high-stakes, factually-complex civil litigation and litigated matters on appeal. Michael is admitted to practice before all Virginia's state courts, the U.S. District Court for the Eastern District of Virginia, the U.S. District Court for the Western District of Virginia, the U.S. Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States
Michael obtained his bachelor of arts degrees in prelaw and in history from Pensacola Christian College in 2014, and he obtained his law degree from Regent University School of Law in 2019. During law school, he interned in the United States District Court for the Eastern District of Virginia and was a law clerk for the United States Attorney's Office, in Norfolk, Virginia. He also served as an articles editor for the Regent University Law Review and was a member of the first-place team for the 2018 National Pretrial Competition held in Gulf Port, Florida.
Executive Vice President & Head of Litigation, Thomas More Society
Peter Breen serves as Executive Vice President and Head of Litigation at Thomas More Society, leading the firm's litigation team in federal and state courts across the country. Before joining TMS, he left private practice in Chicago to pursue full-time public service. Peter also served two terms in the Illinois House of Representatives, rising to Republican Floor Leader. He holds a B.E. in Electrical Engineering from Vanderbilt University and a J.D. from the University of Notre Dame Law School. He and his wife Margie have two sons.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
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.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Executive Vice President & Head of Litigation, Thomas More Society
Peter Breen serves as Executive Vice President and Head of Litigation at Thomas More Society, leading the firm's litigation team in federal and state courts across the country. Before joining TMS, he left private practice in Chicago to pursue full-time public service. Peter also served two terms in the Illinois House of Representatives, rising to Republican Floor Leader. He holds a B.E. in Electrical Engineering from Vanderbilt University and a J.D. from the University of Notre Dame Law School. He and his wife Margie have two sons.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
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.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
White House Correspondent, The Daily Wire
Mary Margaret Olohan is a senior reporter for The Daily Wire and the author of "Detrans: True Stories of Escaping The Gender Ideology Cult." She previously wrote for The Daily Signal and for The Daily Caller News Foundation. She is a graduate of the Catholic University of America.
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.
General Counsel, Center for American Liberty
Mark Trammell is the General Counsel at Center for American Liberty where he is dedicated to defending First Amendment freedoms and civil liberties.
Prior to joining the Center for American Liberty, Trammell served as in-house counsel to Young America’s Foundation, where he advocated for and defended students’ free speech rights on college campuses. He has also served as an attorney at Liberty Counsel and as an adjunct professor at Liberty University.
Trammell is a member of the Maryland bar and the Virginia bar. He is a graduate of Liberty University School of Law and Union University. Trammell currently serves on the Board of Trustees at Gateway Seminary of the Southern Baptist Convention.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
White House Correspondent, The Daily Wire
Mary Margaret Olohan is a senior reporter for The Daily Wire and the author of "Detrans: True Stories of Escaping The Gender Ideology Cult." She previously wrote for The Daily Signal and for The Daily Caller News Foundation. She is a graduate of the Catholic University of America.
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.
General Counsel, Center for American Liberty
Mark Trammell is the General Counsel at Center for American Liberty where he is dedicated to defending First Amendment freedoms and civil liberties.
Prior to joining the Center for American Liberty, Trammell served as in-house counsel to Young America’s Foundation, where he advocated for and defended students’ free speech rights on college campuses. He has also served as an attorney at Liberty Counsel and as an adjunct professor at Liberty University.
Trammell is a member of the Maryland bar and the Virginia bar. He is a graduate of Liberty University School of Law and Union University. Trammell currently serves on the Board of Trustees at Gateway Seminary of the Southern Baptist Convention.
Co-Founder, Defense of Freedom Institute
Jim Blew is a co-founder of DFI, the Defense of Freedom Institute for Public Policy Studies, and president of DFI Action. These DC-based nonprofits promote education freedom, civil rights, and a limited federal role in education and workforce development.
Jim served as U.S. assistant secretary for policy and budget under Betsy DeVos. Prior to his federal service, he worked in state-based education reform for more than 20 years, including leadership roles at StudentsFirst, 50CAN, and the predecessor to the American Federation for Children. He also helped guide the education reform investments of the Walton Family Foundation for nearly a decade until 2014. Before committing himself full time to education reform, Jim worked at political and communications firms in New York and California. He holds a bachelor’s degree from Occidental College and a master’s in business administration from the Yale School of Management.
Vice President of Legal Affairs & Director of Legal Defense & Education Center, EdChoice
Leslie Hiner, Esq. is an advocate of educational freedom, a crusader fighting for the unencumbered opportunity of parents to decide how and where their children will be educated. She believes in the power of individuals to change the world, and believes personal liberty will be enhanced when our method of funding K–12 education is changed to empower parents and students before institutions.
As vice president of legal affairs at EdChoice, the nation’s leading educational choice organization, Leslie leads the EdChoice Legal Defense and Education Center for this nonpartisan, charitable nonprofit and engages with other national organizations to support school choice. She is a proven leader, advancing educational freedom and choice for all as a pathway to successful lives and a stronger society.
Hiner is an attorney with extensive state legislative and executive branch experience. In Indiana, she was the first woman chief of staff to the speaker of the house, counsel to the senate president pro tempore, and general counsel/elections deputy to the Secretary of State. She is also a former small business owner, and former litigator in private practice.
A founding board member of one of Indiana’s first charter schools, Leslie served as chairman of the board for the first several years, guiding the school’s growth from about 150 to over 1000 students. She was also directly involved in developing Indiana’s original charter school law, one of the best in the nation, and Indiana’s voucher law, the largest in the country to date.
Leslie is a member of the American Enterprise Institute Leadership Network, serves on the Schools That Can National Advisory Council, and is a Policy Advisor for The Heartland Institute. Leslie is a long-time member of the Federalist Society and a Lugar Series Excellence in Public Service alumna.
Hiner travels the country speaking on educational issues and testifying at public hearings. Recent engagements include the American Enterprise Institute With all deliberate speed: Brown v. Board of Education II 60 years later; Center for Urban Renewal and Education National Policy Summit, “Changing Policy to Change Lives”; National Conference of State Legislatures Summit debate, School Vouchers and Education Savings Accounts: Are They Constitutional; Network of Enlightened Women National Conference, Three Things You Need To Know About Education Policy; International Conference on School Choice and Reform, The Constitutionality of Educational Choice; 100 Black Men of Greater Dallas/Fort Worth, Project Soar’s Mobilizing the Village; Louisville Federalist Society Lawyers’ Chapter, Is School Choice Good Public Policy; American Conservative Union CPAC 2017.
She’s been cited in several publications, including the Wall Street Journal, New York Times, Chicago Tribune, Washington Times, Forbes, US News & World Report, The Hill, Real Clear Policy, Federalist Society DocketWatch, National Review, The Federalist, Zman Magazine, Watchdog, and has appeared on EWTN News Nightly, Wall Street Journal Video Opinion Journal podcasts, David Webb Show on Sirius/XM, ChoiceMediaTV, The Heartland Institute podcasts and school choice events, The Morning Blaze, Issues in Education and many state level broadcasts.
A native of Ohio, she earned her Juris Doctorate from the University of Akron School of Law, her Bachelor of Arts degree from the College of Wooster, and attended Rostad Teachers College as an exchange student in Sweden where she was a student teacher in grades 2 and 3. She and her husband reside in Indianapolis, and have two grown children.
Senior Fellow, American Federation for Children
Shaka Mitchell serves as a Senior Fellow for the American Federation for Children.
He brings experience from several high-performing charter school networks, including Rocketship Education and LEAD Public schools, that serve over 2,500 students in Nashville.
Shaka began his career in education as the Associate Director of Policy and Planning at the D.C.-based Center for Education Reform. He then led outreach efforts at the Institute for Justice, a constitutional law firm based in Arlington, VA.
He is an alumnus of Belmont University where he teaches American Government and Constitutional Law as an adjunct faculty member. He earned his Juris Doctorate from the Wake Forest University School of Law where he sits on the Board of Advisors for the Journal of Law and Policy. Shaka is a co-founder of MoreMarrowDonors.org, a non-profit committed to providing scholarships to bone marrow donors who are matches for patients with various blood diseases. Shaka is the Chair of the Tennessee State Advisory Committee to the U.S. Commission on Civil Rights.
He is a member of the American Enterprise Institute’s Leadership Network and Aspen Institute Civil Society Fellowship. Shaka and his wife Stephanie are members of Edgefield Church in Nashville and are active in several non-profit organizations.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
Co-Founder, Defense of Freedom Institute
Jim Blew is a co-founder of DFI, the Defense of Freedom Institute for Public Policy Studies, and president of DFI Action. These DC-based nonprofits promote education freedom, civil rights, and a limited federal role in education and workforce development.
Jim served as U.S. assistant secretary for policy and budget under Betsy DeVos. Prior to his federal service, he worked in state-based education reform for more than 20 years, including leadership roles at StudentsFirst, 50CAN, and the predecessor to the American Federation for Children. He also helped guide the education reform investments of the Walton Family Foundation for nearly a decade until 2014. Before committing himself full time to education reform, Jim worked at political and communications firms in New York and California. He holds a bachelor’s degree from Occidental College and a master’s in business administration from the Yale School of Management.
Vice President of Legal Affairs & Director of Legal Defense & Education Center, EdChoice
Leslie Hiner, Esq. is an advocate of educational freedom, a crusader fighting for the unencumbered opportunity of parents to decide how and where their children will be educated. She believes in the power of individuals to change the world, and believes personal liberty will be enhanced when our method of funding K–12 education is changed to empower parents and students before institutions.
As vice president of legal affairs at EdChoice, the nation’s leading educational choice organization, Leslie leads the EdChoice Legal Defense and Education Center for this nonpartisan, charitable nonprofit and engages with other national organizations to support school choice. She is a proven leader, advancing educational freedom and choice for all as a pathway to successful lives and a stronger society.
Hiner is an attorney with extensive state legislative and executive branch experience. In Indiana, she was the first woman chief of staff to the speaker of the house, counsel to the senate president pro tempore, and general counsel/elections deputy to the Secretary of State. She is also a former small business owner, and former litigator in private practice.
A founding board member of one of Indiana’s first charter schools, Leslie served as chairman of the board for the first several years, guiding the school’s growth from about 150 to over 1000 students. She was also directly involved in developing Indiana’s original charter school law, one of the best in the nation, and Indiana’s voucher law, the largest in the country to date.
Leslie is a member of the American Enterprise Institute Leadership Network, serves on the Schools That Can National Advisory Council, and is a Policy Advisor for The Heartland Institute. Leslie is a long-time member of the Federalist Society and a Lugar Series Excellence in Public Service alumna.
Hiner travels the country speaking on educational issues and testifying at public hearings. Recent engagements include the American Enterprise Institute With all deliberate speed: Brown v. Board of Education II 60 years later; Center for Urban Renewal and Education National Policy Summit, “Changing Policy to Change Lives”; National Conference of State Legislatures Summit debate, School Vouchers and Education Savings Accounts: Are They Constitutional; Network of Enlightened Women National Conference, Three Things You Need To Know About Education Policy; International Conference on School Choice and Reform, The Constitutionality of Educational Choice; 100 Black Men of Greater Dallas/Fort Worth, Project Soar’s Mobilizing the Village; Louisville Federalist Society Lawyers’ Chapter, Is School Choice Good Public Policy; American Conservative Union CPAC 2017.
She’s been cited in several publications, including the Wall Street Journal, New York Times, Chicago Tribune, Washington Times, Forbes, US News & World Report, The Hill, Real Clear Policy, Federalist Society DocketWatch, National Review, The Federalist, Zman Magazine, Watchdog, and has appeared on EWTN News Nightly, Wall Street Journal Video Opinion Journal podcasts, David Webb Show on Sirius/XM, ChoiceMediaTV, The Heartland Institute podcasts and school choice events, The Morning Blaze, Issues in Education and many state level broadcasts.
A native of Ohio, she earned her Juris Doctorate from the University of Akron School of Law, her Bachelor of Arts degree from the College of Wooster, and attended Rostad Teachers College as an exchange student in Sweden where she was a student teacher in grades 2 and 3. She and her husband reside in Indianapolis, and have two grown children.
Senior Fellow, American Federation for Children
Shaka Mitchell serves as a Senior Fellow for the American Federation for Children.
He brings experience from several high-performing charter school networks, including Rocketship Education and LEAD Public schools, that serve over 2,500 students in Nashville.
Shaka began his career in education as the Associate Director of Policy and Planning at the D.C.-based Center for Education Reform. He then led outreach efforts at the Institute for Justice, a constitutional law firm based in Arlington, VA.
He is an alumnus of Belmont University where he teaches American Government and Constitutional Law as an adjunct faculty member. He earned his Juris Doctorate from the Wake Forest University School of Law where he sits on the Board of Advisors for the Journal of Law and Policy. Shaka is a co-founder of MoreMarrowDonors.org, a non-profit committed to providing scholarships to bone marrow donors who are matches for patients with various blood diseases. Shaka is the Chair of the Tennessee State Advisory Committee to the U.S. Commission on Civil Rights.
He is a member of the American Enterprise Institute’s Leadership Network and Aspen Institute Civil Society Fellowship. Shaka and his wife Stephanie are members of Edgefield Church in Nashville and are active in several non-profit organizations.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.