Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
David C. Tryon is the director of litigation at The Buckeye Institute. In this role, he supervises all litigation and outside litigation counsel and actively participates in Buckeye’s cases in both state and federal court.
Immediately prior to joining Buckeye, Tryon served as deputy solicitor general in the West Virginia Attorney General’s office, where he handled both trials and appellate matters, including preparing amicus curiae briefs. Many of the matters either challenged federal laws and regulations that infringed on state’s rights or defended the validity of West Virginia laws against constitutional challenges.
Tryon served as the deputy assistant secretary for policy and development in the Office for Civil Rights in the U.S. Department of Education from 2019-2020. While there, he assisted with developing and implementing new policies and guidance and was responsible for the Civil Rights Data Collection, which covers all primary and secondary schools receiving federal funds.
Nominated as the chief counsel for advocacy at the U.S. Small Business Administration, Tryon was favorably voted out of the Senate Committee on Small Business and Entrepreneurship. In connection with his nomination, he had numerous meetings with small business organizations to learn the concerns and needs of small businesses.
Tryon has had more than 30 years of commercial litigation experience in state and federal courts, including trials and appeals. Several of these cases involved the U.S. Constitution or the Ohio Constitution. In Arnold v. City of Cleveland, he was successful in having the Ohio Supreme Court declare the right to bear arms a fundamental right under the Ohio Constitution.
Tryon has dedicated much of his time to civic affairs. He served on the local school board for four years, two of those as school board president. During his nine years on the Executive Board for the Greater Cleveland Council of the Boy Scouts of America, he organized two major parades, created a personnel committee for leadership training of professional staff, and was involved in restructuring the Council. From 2015 to 2020, he served on the Ohio Advisory Committee to the United States Commission on Civil Rights. He was part of a select group to participate in Leadership Cleveland, Class of 2016. He also led the Cleveland Lawyers Chapter of the Federalist Society for nearly 20 years.
Tryon received a Bachelor of Science Degree (magna cum laude) from Brigham Young University and his Juris Doctorate (cum laude) from the University of Michigan.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
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.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
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.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at glanoue@umbc.edu.
Structure Over Spectacle: The Supreme Court's 2024 Term
Donald A. Daugherty, David C. Tryon
Federalist Society Review, Volume 26
After several years of headline-grabbing decisions that reshaped national political debate—from abortion and affirmative action...
Non Potest Delegari: How the Common-Law Principle of Agency Recasts the Nondelegation Doctrine
Caleb Kreft
Federalist Society Review, Volume 26
The nondelegation doctrine forbids Congress from delegating lawmaking authority to other government institutions. The Supreme...
Transporting Abortifacients Across State Lines: Prospects for Indictment and Extradition
Paul Linton
Federalist Society Review, Volume 26
On January 31, 2025, a Louisiana grand jury indicted a New York physician—Dr. Margaret Carpenter—for...
From Ratio to Auctoritas: The Decline of Reason and the Rise of Authority in American and Roman Law
Alexander T. MacDonald
Federalist Society Review, Volume 26
Are we Rome? In the United States, the question is usually directed at our politics...
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
Federalist Society Review, Volume 26
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"?
Zack Smith, Donald A. Daugherty
Federalist Society Review, Volume 26
Each Supreme Court term over the past several years seems to produce more momentous decisions...
The Corruption of Law Schools and the Health of Our Democracy
Stuart Kyle Duncan
Federalist Society Review, Volume 26
A review of Ilya Shapiro, Lawless: The Miseducation of America’s Elites (2025) The legal scholar...
The Past Is Not a Foreign Country: How a Historical Critique of Originalism Misses That the Past Is Prologue
Stephen B. Presser
Federalist Society Review, Volume 26
A review of Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique (2024) This review is...
Applying the Founders' Originalism
Robert G. Natelson
Federalist Society Review, Volume 26
The 1787 Federal Convention drafted, and the ratifiers approved, the United States Constitution under the...
The Widening Effect of Students for Fair Admissions
George R. La Noue
Federalist Society Review, Volume 26
Sitting at the top of the judicial pyramid, the Supreme Court makes only a few...