Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
Chief Legal Officer & General Counsel, Americans United for Life
Steven H. Aden serves as Chief Legal Officer & General Counsel at Americans United for Life. Aden joined Americans United for Life in August 2017, overseeing all legal operations of America’s most effective pro-life organization. Aden is a highly experienced litigator, having appeared in court against Planned Parenthood and the abortion industry dozens of times and appointed by the attorneys general of six states to defend prolife laws. Mr. Aden secured court victories that upheld an Arizona law that resulted in six abortion businesses ceasing to offer abortion, applied Missouri’s abortion laws to chemical abortion and upheld the right of Louisiana regulators to shut down dangerous abortion facilities. A prolific author and analyst on sanctity of life issues and constitutional jurisprudence, Aden is admitted to the bars of the District of Columbia, Virginia, and Hawaii (inactive), and is a member of the bars of the U.S. Supreme Court and numerous federal circuit and district courts. He has practiced law since 1990 and earned his J.D. (cum laude) from Georgetown University Law Center and his B.A. from the University of Hawaii.
Professor of Law, Antonin Scalia Law School, George Mason University
Helen Alvaré is a Professor of Law at Antonin Scalia Law School, George Mason University, where she teaches Family Law, Law and Religion, and Property Law. She publishes on matters concerning marriage, parenting, non-marital households, and the First Amendment religion clauses. She is faculty advisor to the law school’s Civil Rights Law Journal, and the Latino/a Law Student Association, a Member of the Holy See’s Dicastery for Laity, Family and Life (Vatican City), a board member of Catholic Relief Services, a member of the Executive Committee of the AALS’ Section on Law and Religion, and an ABC news consultant. She cooperates with the Permanent Observer Mission of the Holy See to the United Nations as a speaker and a delegate to various United Nations conferences concerning women and the family.
In addition to her books, and her publications in law reviews and other academic journals, Professor Alvaré publishes regularly in news outlets including the New York Times, the Washington Post, the Huffington Post, and CNN.com. She also speaks at academic and professional conferences in the United States, Europe, Latin America and Australia.
Prior to joining the faculty of Scalia Law, Professor Alvaré taught at the Columbus School of Law at the Catholic University of America; represented the U.S. Conference of Catholic Bishops before legislative bodies, academic audiences and the media; and was a litigation attorney for the Philadelphia law firm of Stradley, Ronon, Stevens & Young.
Professor Alvaré received her law degree from Cornell University School of Law and her master’s degree in Systematic Theology from the Catholic University of America.
McCormick Professor of Jurisprudence; Director, James Madison Program, Princeton University
Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University. He has several times been a Visiting Professor at Harvard Law School. He has served as Chairman of the U.S. Commission on International Religious Freedom and on the U.S. Commission on Civil Rights and the President’s Council on Bioethics. He has also served as the U.S. member of UNESCO’s World Commission on the Ethics of Scientific Knowledge and Technology. He was a Judicial Fellow at the Supreme Court of the United States, where he received the Justice Tom C. Clark Award. A Phi Beta Kappa graduate of Swarthmore, he holds the degrees of J.D. and M.T.S. from Harvard University and the degrees of D.Phil., B.C.L., D.C.L., and D.Litt. from Oxford University, in addition to twenty-one honorary doctorates. He is a recipient of the U.S. Presidential Citizens Medal, the Honorific Medal for the Defense of Human Rights of the Republic of Poland, the Canterbury Medal of the Becket Fund for Religious Liberty, the Bradley Prize, the Irving Kristol Award of the American Enterprise Institute, and Princeton University’s President’s Award for Distinguished Teaching. His books include Making Men Moral: Civil Liberties and Public Morality and In Defense of Natural Law (both published by Oxford University Press), as well as The Clash of Orthodoxies and Conscience and Its Enemies (both published by ISI Books).
Senior Research Scholar in Law, Yale Law School
Linda Greenhouse is Senior Research Scholar in Law at Yale Law School. She covered the Supreme Court for The New York Times between 1978 and 2008 and writes a biweekly op-ed column on law as a contributing columnist. Ms. Greenhouse received several major journalism awards during her 40-year career at the Times, including the Pulitzer Prize (1998) and the Goldsmith Career Award for Excellence in Journalism from Harvard University’s Kennedy School (2004). In 2002, the American Political Science Association gave her its Carey McWilliams Award for “a major journalistic contribution to our understanding of politics.” Her books include a biography of Justice Harry A. Blackmun, Becoming Justice Blackmun; Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court's Ruling (with Reva B. Siegel); The U.S. Supreme Court, A Very Short Introduction, published by Oxford University Press in 2012; and The Burger Court and the Rise of the Judicial Right, with Michael J. Graetz, published in 2016. Her latest book is Just a Journalist: Reflections on the Press, Life, and the Spaces Between, published by Harvard University Press in 2017. In her extracurricular life, Ms. Greenhouse is president of the American Philosophical Society, the country's oldest learned society, which in 2005 awarded her its Henry Allen Moe Prize for writing in jurisprudence and the humanities. She also serves on the council of the American Academy of Arts and Sciences, the national Senate of Phi Beta Kappa, and is one of two non-lawyer honorary members elected to the American Law Institute, which in 2002 awarded her its Henry J. Friendly Medal. She has been awarded thirteen honorary degrees. She is a 1968 graduate of Radcliffe College (Harvard) and earned a Master of Studies in Law degree from Yale Law School (1978), which she attended on a Ford Foundation fellowship. She is married to Eugene R. Fidell, Florence Rogatz Lecturer in Law at Yale. Their daughter, Hannah, is a filmmaker in Los Angeles.
Co-Dean and Professor of Law, Rutgers Law School in Camden
Kimberly Mutcherson is Co-Dean and Professor of Law at Rutgers Law School in Camden. Her scholarly work is at the intersection of family law, health law, and bioethics. She writes on issues related to reproductive justice, with a focus on assisted reproduction, abortion, and maternal-fetal decision-making.
Professor Mutcherson teaches Family Law, Torts, South African Constitutional Law, and Bioethics, Babies, & Babymaking. She has served as a Senior Fellow/Sabbatical Visitor at the Center for Gender and Sexuality Law at Columbia Law School, a Visiting Scholar at the Center for Bioethics at the University of Pennsylvania, and as a fellow at the Institute for Research on Women at Rutgers University. She won a Center for Reproductive Rights Innovation in Scholarship Award in 2013 and a Chancellor’s Teaching Excellence Award in 2011.
She received her B.A. in history from the University of Pennsylvania and her J.D. from Columbia Law School where she was a Stone Scholar. At Columbia, she received the Samuel I. Rosenman Prize for excellence in public law courses and outstanding qualities of citizenship and leadership in the law school. She also received the Kirkland and Ellis Fellowship for post-graduate public interest work. Prior to joining the faculty at Rutgers School of Law in 2002, Professor Mutcherson was an Acting Assistant Professor of Lawyering at the New York University School of Law, a consulting attorney at the Center for Reproductive Law and Policy (now the Center for Reproductive Rights), and a Staff Attorney at the HIV Law Project.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Partner, WilmerHale LLP
Matthew Martens represents clients in their toughest civil and criminal investigations and litigation. He is one of the few lawyers who has appeared—and won—at trial at “all four tables”: civil plaintiff, civil defendant, criminal prosecution, and criminal defendant. In all, he has tried 26 cases ranging from securities fraud to patent infringement to consumer fraud to murder to employment law to money laundering, in New York, California, Illinois, Texas, Florida, Washington, South Dakota, New Jersey, and North Carolina. He has also argued 18 appeals in federal and state appellate courts across the country. Martens joined WilmerHale after a long career of government service, including both as Chief Litigation Counsel for the SEC’s Division of Enforcement and, earlier, as Chief of Staff for the Criminal Division at the US Department of Justice during the Bush Administration. He has been recognized as an AmLaw Daily Litigator of the Week, a National Law Journal Litigation Trailblazer and a Law360 Securities Law MVP.
At the SEC, Martens led the Enforcement Division's litigation program, managing cases nationwide and supervising a trial unit of approximately 40 attorneys in Washington DC, as well as coordinating the activity of litigators throughout the SEC's 11 regional offices. He personally developed and directed the Commission's nationwide litigation response to the Supreme Court's decision in Janus Capital, for which he received the SEC's prestigious Chairman's Award for Excellence.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
Senior Attorney, Institute for Justice
Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
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Michael Bindas
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Steven H. Aden
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Roe v. Wade: Abortion in New York [Short Film]
Helen Alvaré, Robert P. George, Linda Greenhouse, Kimberly Mutcherson, A. Raymond Randolph
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Jesse Panuccio
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Matthew T. Martens, Hiram Sasser
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Mark L. Rienzi
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Erica Smith
featuring Erica Smith
This SCOTUScast addresses the January 22 Supreme Court argument in Espinoza v. Montana Department of Revenue. ...
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South Dakota Supreme Court Rejects a Version of ABA Model Rule 8.4(g)
On March 9, in a thoughtful letter, the Chief Justice of the South Dakota Supreme...