In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.
Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
Professor of Law, Widener University Commonwealth Law School
Senior Executive Counsel, NFIB Small Business Legal Center
Elizabeth Milito serves as Senior Executive Counsel with the National Federation of Independent Business, a position she has held since March 2004. Ms. Milito came to NFIB from the U.S. Department of Veteran's Affairs where she defended the agency in employment and labor lawsuits and was responsible for training and counseling managers on fair employment and HR practices. She has an extensive background in tort, medical malpractice and employment law.
Prior to serving as an attorney at the Department of Veteran's Affairs, Ms. Milito worked as a trial attorney at Nationwide Insurance Company. At Nationwide, she completed over 100 trials to verdict. Ms. Milito was the editor of notes and comments for the Maryland Law Review at the University of Maryland School of Law where she earned her Juris Doctor degree in May of 1996. Following her education, she served as a clerk to the Honorable Alan M. Wilner on the Maryland Court of Appeals, the state's highest court.
Ms. Milito is responsible for managing litigation and amicus work for NFIB. She has testified before Congress, federal agencies, and state legislatures on the small business impact of labor and employment issues. She also comments and writes regularly on small business cases before federal and state courts. Ms. Milito frequently counsels businesses facing employment discrimination charges, wage and hour claims, wrongful termination lawsuits, and in most other areas of human resources law. She also provides and develops on-line and on-site training on a variety of employment law matters and is a frequent media spokesperson on employment and labor matters.
Founder, Libertas-West Project
Karen Lugo is a constitutional law consultant and national security analyst. She was Director of the Center for Tenth Amendment at Texas Public Policy Foundation from 2013 to 2015. When living in California, she was Co-Director of the Center for Constitutional Jurisprudence Center. From 2005 – 2012, she was a clinical visiting and adjunct professor at Chapman University School of Law where she co-taught the advanced Constitutional Law Clinic. Karen has co-authored and written circuit-level and Supreme Court amicus briefs on such issues as FISA Surveillance, Healthcare Reform, Arizona’s Border Security, Gay Marriage, The Ten Commandments, Eminent Domain, Christian Clubs on University Campuses, and Material Support for Terrorists.
Karen is the founder of the Libertas-West Project, a center for study Islamic integration and radicalization issues. In this capacity, she consulted with the Center for Security Policy to write a book on local over-watch of mosque construction and community engagement called: Mosques in America: A Guide to Accountable Permit Hearings and Continuing Citizen Oversight.
Karen writes and speaks for European and American groups on the importance of basing assimilation efforts on principles of Western exceptionalism. She presented a policy brief to the French Conseil d’Etat analyzing the legal implications of banning the burqa. Ms. Lugo has written one of the most comprehensive overviews of sharia law in American courts, American Family Law and Sharia-Compliant Marriages, for the Federalist Society law journal, Engage. She has written several white papers on the American Law for American Courts legislation and sharia tribunals in America.
Ms. Lugo was an appointee to the California Advisory Committee to the U.S. Commission on Civil Rights. She also taught a Human Rights law course on the contrast between French and English Enlightenment theories in Strasbourg, France.
Until moving from California, Ms. Lugo was a member of the David Horowitz Freedom Center Board of Directors. She was also a regular guest on the Orange County PBS local issues debate program, Inside OC, and she is a contributor to Pajamas Media, National Review Online, City Journal, American Spectator, American Greatness, Townhall.com, American Thinker, Daily Caller, and Family Security Matters. She has been interviewed by dozens of radio hosts and has spoken for civic groups on constitutional and cultural concerns.
Attorney at Law, Solo Practitioner
Herb Grey was admitted to the Oregon State Bar in 1981 and for the first 14 years practiced mostly insurance defense litigation in state and federal courts. Since 1994 he has been a solo practitioner in Beaverton with a general civil practice that includes estate planning, probate, protective proceedings, general business matters and a variety of litigation in both state and federal courts. Herb also has extensive experience in litigation of constitutional and civil rights claims with an emphasis on religious liberty and conscience matters. He is admitted to practice before all Oregon trial and appellate courts, as well as the U.S. District Court for Oregon, the Ninth Circuit Court of Appeals and the United States Supreme Court.
Senior Counsel, Senior Vice President of Corporate Engagement, Alliance Defending Freedom
Jeremy Tedesco serves as senior counsel and senior vice president of corporate engagement for Alliance Defending Freedom. In this role, Tedesco leads ADF’s efforts to combat corporate cancel culture and build a business ethic that respects free speech, religious freedom, and human dignity.
Immediately preceding his current role, Tedesco served as senior vice president for communications, during which time he was a lead convener of the Philadelphia Statement, a movement dedicated to restoring free speech and civil discourse. Tedesco also launched a regular video series called Freedom Matters, profiling ADF clients, cases, and issues. The program included 24 videos in its first year, which more than 31 million people viewed.
Previously, Tedesco litigated First Amendment cases at the highest levels. He was part of the legal team that represented cake artist Jack Phillips in Masterpiece Cakeshop v. Colorado Civil Rights Commission before the U.S. Supreme Court and argued Phillips’ case at the Colorado Court of Appeals. He was also the lead brief writer in two other U.S. Supreme Court wins, Reed v. Town of Gilbert and Arizona Christian School Tuition Organization v. Winn. Tedesco has also argued six times before five different federal appellate courts and founded and directed the ADF Center for Conscience Initiatives, where he led efforts to protect individuals from government-coerced speech.
Numerous media outlets, including The Wall Street Journal, Fox News, CNN, The New York Times, USA Today, PBS, NPR, and National Review, have interviewed Tedesco or published his comments.
Tedesco earned his Juris Doctor in 2004 from the Regent University School of Law.
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.
California and Lead Paint Public Nuisance Case
Michael A. Carvin, Erin E. Murphy
Painting Over the U.S. Constitution
ConAgra Grocery Products Company, NL Industries, Inc., and The Sherwin-Williams Company filed petitions with the...
Minnesota Voters Alliance v. Mansky Strikes Down a Vague Ban on Speech in Polling Places, But Future Bans May Be Upheld
Michael R. Dimino
Federalist Society Review, Volume 19
Note from the Editor: This article discusses the Supreme Court’s opinion in Minnesota Voters Alliance...
Topics
Two More State Supreme Courts Reject ABA Model Rule 8.4(g)
On August 30, the Arizona Supreme Court denied a petition from the National Lawyers...
Topics
Is Public Nuisance Doctrine Becoming an Exception to the Rule of Law?
Is there a growing trend of cases attempting to create a backdoor to traditional standards...
Right to Tweet? Social Media & Employment Law [POLICYbrief]
Elizabeth Milito
Short video featuring Beth Milito
According to the Pew Research Center, two-thirds of employees access social media while at work....
Civil Rights Commissions: Enforcers of Social Justice
Karen J. Lugo, Herbert G. Grey, Jeremy Tedesco
Whether called Human Rights, Human Relations, or Civil Rights Commissions, many cities and counties and...
Can the President Block You on Twitter? [POLICYbrief]
Josh Blackman
Short video featuring Josh Blackman
Can the President of the United States block you on Twitter? On May 23 of...
Topics
Liberty Month Revisited: Campaign Finance Reform Can’t Punish Free Speech
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Topics
Liberty Month Revisited: It's Buckley Not Citizens United that Created Massive Spending
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Topics
Liberty Month Revisited: National Elections - Who Makes the Rules?
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...