Director and Professor, School of Civic and Economic Thought and Leadership, Arizona State University
Paul Carrese is the founding director of the School of Civic and Economic Thought and Leadership at Arizona State University. For nearly two decades he was a professor of political science at the U.S. Air Force Academy, and co-founded a new honors program blending liberal arts education and leadership education. He is author of The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism, and co-editor of three other books – on George Washington, constitutionalism, and American grand strategy. His most recent book is Democracy in Moderation: Montesquieu, Tocqueville, and Sustainable Liberalism. He has held fellowships at Oxford University as a Rhodes Scholar; Harvard University; the University of Delhi (as a Fulbright fellow); and the James Madison Program, Politics Department, Princeton University. He served on the founding advisory board of the Program on Public Discourse at University of North Carolina Chapel Hill, and currently is co-leading a national study funded by the NEH and US Department of Education on improving American history and civics education in K-12 schools with partners from Harvard and Tufts Universities and iCivics.
Nancy Reeves Dreux Professor of Political Science, The University of Notre Dame
Michael Zuckert (B.A., Cornell University; PhD, University of Chicago, 1974) is Nancy Reeves Dreux Professor, and Department Chair of Political Science at University of Notre Dame. Professor Zuckert teaches graduate and undergraduate courses in Political Philosophy and Theory, American Political Thought, American Constitutional Law, American Constitutional History, Constitutional Theory, and Philosophy of Law. His advising specialties are graduate programs in political science.
Professor Zuckert has published extensively on a variety of topics, including George Orwell, Plato, Shakespeare, and contemporary liberal theory. He is currently finishing a book called Completing the Constitution: The Post-Civil War Amendments and is co-authoring another book on Machiavelli and Shakespeare. He has been commissioned to write the volume on John Rawls for a series on Twentieth Century Political Philosophy. He co-authored and co-produced public radio series Mr. Adams and Mr. Jefferson: A Nine Part Drama for the Radio. He also was senior scholar for Liberty! (1997), a six hour public television series on the American Revolution, and served as senior advisor on the PBS series on Benjamin Franklin (2002) and Alexander Hamilton (2007). He is currently head of the new Tocqueville Center for the Study of Religion in American Public Life.
Zuckert has received grants from NEH, the Woodrow Wilson Center, Earhart Foundation and NSF, and has taught at Carleton College, Cornell University, Claremont Men’s College, Fordham University, the University of Minnesota, the University of Michigan at Ann Arbor, and the University of Chicago.
Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Garwood Visiting Professor and Visiting Fellow, James Madison Pr, Cleveland-Marshall College of Law
David F. Forte is Professor of Law at Cleveland State University, where he was the inaugural holder of the Charles R. Emrick, Jr.- Calfee Halter & Griswold Endowed Chair. This fall, Professor Forte will be the Garwood Visiting Professor at Princeton University in the Department of Politics, and Visiting Fellow at the James Madison Program in American Ideals and Institutions. He holds degrees from Harvard College, Manchester University, England, the University of Toronto and Columbia University.
During the Reagan administration, Professor Forte served as chief counsel to the United States delegation to the United Nations and alternate delegate to the Security Council. He has authored a number of briefs before the United States Supreme Court, and has frequently testified before the United States Congress and consulted with the Department of State on human rights and international affairs issues. His advice was specifically sought on the approval of the Genocide Convention, on world-wide religious persecution, and Islamic extremism. He has appeared and spoken frequently on radio and television, both nationally and internationally. In 2002, the Department of State sponsored a speaking tour for Professor Forte in Amman, Jordan, and he was also a featured speaker to the Meeting of Peoples in Rimini, Italy, a meeting which gathers over 500,000 people from all over Europe. He has also been called to testify before the state legislatures of Ohio, Kansas, and Idaho as well as the New York City Council. He has assisted in drafting a number of pieces of legislation for the Ohio General Assembly dealing with abortion, international trade, and federalism. He has sat as acting judge on the municipal court of Lakewood Ohio and was chairman of Professional Ethics Committee of the Cleveland Bar Association. He has received a number of awards for his public service, including the Cleveland Bar Association’s President’s Award, the Cleveland State University Award for Distinguished Service, the Cleveland State University Distinguished Teaching Award, and the Cleveland-Marshall College of Law Alumni Award for Faculty Excellence. He served as Consultor to the Pontifical Council for the Family under Pope St. John Paul II and Pope Benedict XVI. In 2003, Dr. Forte was a Distinguished Fulbright Chair at the University of Trento and returned there in 2004 as a Visiting Professor. For the academic year, 2008-2009, Professor Forte was Senior Visiting Scholar at the Center for the Study of Religion and the Constitution in at the Witherspoon Institute in Princeton, New Jersey. He was the Robert E. Henderson Constitution Day Lecturer at the Ashbrook Center at Ashland University, and he has given over 300 invited addresses and papers at more than 100 academic institutions. His work has been cited by the U.S. Supreme Court.
Professor Forte was a Bradley Scholar at the Heritage Foundation, and Visiting Scholar at the Liberty Fund. He has been President of the Ohio Association of Scholars, was on the Board of Directors of the Philadelphia Society, and is also adjunct Scholar at the Ashbrook Center. He has been appointed to the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He has also been a Civil War re-enactor and a Merit Badge Counselor for the Boy Scouts.
He writes and speaks nationally on topics such as constitutional law, religious liberty, Islamic law, the rights of families, and international affairs. He served as book review editor for the American Journal of Jurisprudence and has edited a volume entitled, Natural Law and Contemporary Public Policy, published by Georgetown University Press. His book, Islamic Law Studies: Classical and Contemporary Applications, has been published by Austin & Winfield. He is Senior Editor of The Heritage Guide to the Constitution (2006), 2d edition (2014), published by Regnery & Co, a clause by clause analysis of the Constitution of the United States.
His teaching competencies include Constitutional Law, the First Amendment, Islamic Law, Jurisprudence, Natural Law, International Law, International Human Rights, the Presidency, and Constitutional History.
Senior Associate General Counsel/Senior Legal Advisor, Office of Management and Budget/CFPB
Victoria Dorfman is a Senior Associate General Counsel at the Office of Management and Budget and is a Senior Legal Advisor at the Consumer Financial Protection Bureau. At the OMB, she advises on constitutional and statutory issues. At the CFPB, she is primarily responsible for Enforcement, Supervision, Fair Lending, Oversight, and the Bureau’s litigation.
Prior to entering government service, Victoria was a partner at Jones Day, in Washington, D.C. and in New York, where she represented clients in appellate and complex commercial litigation in U.S. courts and in international arbitration. She has successfully briefed cases at all stages of litigation and argued before federal and state courts of appeals.
Victoria's areas of in-depth experience include jurisdiction and civil procedure, arbitration, bankruptcy, antitrust, and general commercial litigation. She maintained an active First Amendment Establishment and Free Exercise practice and represents religious institutions. Victoria's representations included obtaining unanimous victories in intergovernmental tax immunity and forum non conveniens cases in the U.S. Supreme Court; bankruptcy confirmations, including in appellate and Supreme Court proceedings, of Chrysler, the City of Detroit, Caesar's, Adelphia, and Relativity Media; UNCITRAL and BIT arbitrations; victories for Bayer in antitrust patent challenges to agreements regarding a blockbuster drug's production; and a damages award for Chevron against the government, including a sanction for bad faith litigation conduct.
Prior to joining Jones Day, Victoria clerked for Justice Clarence Thomas of the United States Supreme Court and Judge Michael J. Luttig of the Fourth Circuit Court of Appeals. Victoria received her A.B. from Harvard College (cum laude) and J.D. from Harvard Law School (magna cum laude), where she was Articles, Books and Commentaries editor on Harvard Law Review.
Victoria is a native speaker of Russian, and is proficient in French and Portuguese. She published articles on Religion Clauses, bankruptcy, federal jurisdiction and statutory interpretation, and is a contributing author and editor of The Practitioner's Guide to Appellate Advocacy.
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.
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Professor of Political Science, Northeastern University
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Senior Judge, United States Court of Appeals, Ninth Circuit
John T. Noonan, Jr. was a federal judge on senior status with the United States Court of Appeals for the 9th Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan. He assumed senior status on December 27, 1996, and served as a senior judge until his death on April 17, 2017.
Senior Counsel, American Civil Liberties Union
Arthur B. Spitzer was the Legal Director of the ACLU of the District of Columbia from April Fool’s Day, 1980 until April 2020, when he became Senior Counsel. His work has spanned the range of ACLU issues, including freedom of speech and religion, police misconduct, national security, due process, privacy, prisoners’ rights, the rights of government employees, freedom of information, discrimination based on race, sex, religion, sexual orientation and gender preference, and more.
He has represented such varied clients as Mohamedou Ould Slahi (a Guantánamo detainee held without charge for 14 years), Louis Farrakhan (when he was barred from attending then-D.C. Mayor Marion Barry’s criminal trial), the Ku Klux Klan (when it was denied a permit to march in D.C.), the National Black Police Association (challenging ultra-low D.C. election campaign contribution limits), the White House Vigil for the Equal Rights Amendment (challenging restrictive regulations for demonstrating near the White House), People for the Ethical Treatment of Animals (when its design for an abused circus elephant was rejected from a public art display), Milo Yiannopoulos (whose advertisement for his new book was denied advertising by the D.C. transit authority), and both John and Jane Doe.
In Abbate v. Ramsey, Art represented some of the nearly 400 protestors arrested at an anti-World Bank demonstration in Pershing Park in 2002, challenging their illegal arrest and inhumane detention, and resulting in a settlement that included major changes in D.C. police practices in demonstration situations. He also had a major hand in crafting the legislation that created the D.C. police civilian review board (now known as the Office of Police Complaints) and the First Amendment Rights and Police Practices Act, a model statute governing D.C. police conduct during the peaceful exercise of free speech rights.
Other cases include Harmon v. Thornburgh (challenging random drug testing of Justice Department employees), Walsh v. Montrose Christian School (representing longtime school secretaries and a cafeteria worker at a Christian School who were fired because they were not members of the church), Schroer v. Billington (representing a trans woman who was fired by the Library of Congress when she disclosed her status), Center for National Security Studies v. U.S. Department of Justice (challenging the secret detention of immigrants after 9/11), Wimberly v. D.C. Board of Elections and Ethics (blocking a proposed ballot initiative to permit organized group prayer in D.C. public schools), and LaShawn A. v. Bowser (a still-ongoing class action filed in 1989 to reform D.C.’s dysfunctional foster care system).
In the Supreme Court, Art successfully argued Ake v. Oklahoma, which ruled that poor criminal defendants are entitled to free expert witnesses when needed for their defense, just as they’re entitled to free lawyers.
Art was born in Brooklyn (yay!), raised in Queens, and educated at Cornell University and Yale Law School. Before ascending to the ACLU, he practiced for several years at the law firm now known as WilmerHale. He has taught a course in “Demonstration Law” at the University of the District of Columbia School of Law.
His dog is Taxi; his cats are Tigris and Euphrates. He is not and has never been related to former New York governor Elliot Spitzer.
Professor of Political Science, Northeastern University
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Senior Judge, United States Court of Appeals, Ninth Circuit
John T. Noonan, Jr. was a federal judge on senior status with the United States Court of Appeals for the 9th Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan. He assumed senior status on December 27, 1996, and served as a senior judge until his death on April 17, 2017.
Senior Counsel, American Civil Liberties Union
Arthur B. Spitzer was the Legal Director of the ACLU of the District of Columbia from April Fool’s Day, 1980 until April 2020, when he became Senior Counsel. His work has spanned the range of ACLU issues, including freedom of speech and religion, police misconduct, national security, due process, privacy, prisoners’ rights, the rights of government employees, freedom of information, discrimination based on race, sex, religion, sexual orientation and gender preference, and more.
He has represented such varied clients as Mohamedou Ould Slahi (a Guantánamo detainee held without charge for 14 years), Louis Farrakhan (when he was barred from attending then-D.C. Mayor Marion Barry’s criminal trial), the Ku Klux Klan (when it was denied a permit to march in D.C.), the National Black Police Association (challenging ultra-low D.C. election campaign contribution limits), the White House Vigil for the Equal Rights Amendment (challenging restrictive regulations for demonstrating near the White House), People for the Ethical Treatment of Animals (when its design for an abused circus elephant was rejected from a public art display), Milo Yiannopoulos (whose advertisement for his new book was denied advertising by the D.C. transit authority), and both John and Jane Doe.
In Abbate v. Ramsey, Art represented some of the nearly 400 protestors arrested at an anti-World Bank demonstration in Pershing Park in 2002, challenging their illegal arrest and inhumane detention, and resulting in a settlement that included major changes in D.C. police practices in demonstration situations. He also had a major hand in crafting the legislation that created the D.C. police civilian review board (now known as the Office of Police Complaints) and the First Amendment Rights and Police Practices Act, a model statute governing D.C. police conduct during the peaceful exercise of free speech rights.
Other cases include Harmon v. Thornburgh (challenging random drug testing of Justice Department employees), Walsh v. Montrose Christian School (representing longtime school secretaries and a cafeteria worker at a Christian School who were fired because they were not members of the church), Schroer v. Billington (representing a trans woman who was fired by the Library of Congress when she disclosed her status), Center for National Security Studies v. U.S. Department of Justice (challenging the secret detention of immigrants after 9/11), Wimberly v. D.C. Board of Elections and Ethics (blocking a proposed ballot initiative to permit organized group prayer in D.C. public schools), and LaShawn A. v. Bowser (a still-ongoing class action filed in 1989 to reform D.C.’s dysfunctional foster care system).
In the Supreme Court, Art successfully argued Ake v. Oklahoma, which ruled that poor criminal defendants are entitled to free expert witnesses when needed for their defense, just as they’re entitled to free lawyers.
Art was born in Brooklyn (yay!), raised in Queens, and educated at Cornell University and Yale Law School. Before ascending to the ACLU, he practiced for several years at the law firm now known as WilmerHale. He has taught a course in “Demonstration Law” at the University of the District of Columbia School of Law.
His dog is Taxi; his cats are Tigris and Euphrates. He is not and has never been related to former New York governor Elliot Spitzer.
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