Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
UC Foundation Assistant Professor, U.T. Chattanooga
Judge, United States District Court for the Eastern District of Tennessee
On December 23, 2020, Katherine A. Crytzer was sworn in as a United States District Judge for the Eastern District of Tennessee following confirmation by the United States Senate. Judge Crytzer sits in Knoxville, Tennessee. Prior to her confirmation, Judge Crytzer served as Principal Deputy Assistant Attorney General at the Department of Justice’s Office of Legal Policy in Washington, D.C., where she provided legal and policy advice to the Assistant Attorney General and Department of Justice Leadership. Before joining the Department of Justice’s Main Office, Judge Crytzer served as an Assistant United States Attorney in the United States Attorney’s Office for the Eastern District of Kentucky. In advance of entering public service, Judge Crytzer was a litigator at Kirkland & Ellis LLP. She began her legal career as a law clerk to The Honorable Raymond W. Gruender on the United States Court of Appeals for the Eighth Circuit. Judge Crytzer earned her Juris Doctor, magna cum laude, from George Mason University’s Antonin Scalia School of Law and her Bachelor of Science, summa cum laude, from Middle Tennessee State University.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Shareholder, Spears, Moore, Rebman & Williams, PC
Alan Jackson practices in a variety of areas in state and federal courts. Prior to joining Spears, Moore, Rebman & Williams, P.C. in 2013, he served for two years as law clerk for the Honorable Walter E. Johnson of the United States District Court for the Northern District of Georgia.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Lori Windham is vice president and senior counsel at Becket, where she has represented clients on cutting-edge religious freedom issues since 2005. She has represented parties before the Supreme Court, arguing Becket’s unanimous victory on behalf of foster families in Fulton v. Philadelphia, as well as working with the Becket team on its Supreme Court victories in Hosanna-Tabor, Hobby Lobby, and Little Sisters of the Poor. She won a victory for the world’s largest religious media network in EWTN v. Azar, staving off millions of dollars in government fines under unlawful the HHS mandate. She has won more than a dozen victories in federal appellate courts, including successful defense of cities and school districts sued for accommodating religion, victories for houses of worship facing discrimination in the land use process, and overturning a multimillion-dollar judgment against a major evangelical ministry. She recently won a first-in-the-nation injunction for an adoption agency threatened with shutdown for its religious beliefs.
Recognized in Washington as an expert on religious freedom issues, Lori has testified in Congressional oversight hearings before the U.S. House of Representatives Judiciary Committee and before the U.S. Commission on Civil Rights. Outside Washington, Lori is sought-after speaker on First Amendment law, including appearances at Yale Law School, Harvard Law School, Stanford Law School, Georgetown University Law Center, Central European University, and many others.
In addition to these venues, Lori also defends her clients in the media, including television appearances on CBS This Morning, Hardball, CNN Tonight, On the Record, America’s Newsroom, Opinion Journal, and many others. Her work has been covered by the New York Times, Wall Street Journal, Washington Post, and dozens of other papers. She is also a regular guest on radio, with appearances on shows ranging from Sean Hannity to NPR.
Lori has successfully represented a wide array of clients, including a Santeria priest prohibited from making animal sacrifices, synagogues prohibited from building on their own land, and religious student organizations penalized for their religious speech. One of her most challenging cases involved travel to a remote farming community to ensure that members of the local Amish community were not jailed for using their traditional building methods.
Lori is a graduate of Harvard Law School and earned her B.A. summa cum laude at Abilene Christian University. She has served on the Board of Visitors of Abilene Christian University and received the ACU Young Alumnus of the Year award for her work at Becket. She sits on the board of Dominion Christian School and the visiting committee of the Fund for American Studies’ Summer Law Fellowship.
UC Foundation Assistant Professor, U.T. Chattanooga
Judge, United States District Court for the Eastern District of Tennessee
On December 23, 2020, Katherine A. Crytzer was sworn in as a United States District Judge for the Eastern District of Tennessee following confirmation by the United States Senate. Judge Crytzer sits in Knoxville, Tennessee. Prior to her confirmation, Judge Crytzer served as Principal Deputy Assistant Attorney General at the Department of Justice’s Office of Legal Policy in Washington, D.C., where she provided legal and policy advice to the Assistant Attorney General and Department of Justice Leadership. Before joining the Department of Justice’s Main Office, Judge Crytzer served as an Assistant United States Attorney in the United States Attorney’s Office for the Eastern District of Kentucky. In advance of entering public service, Judge Crytzer was a litigator at Kirkland & Ellis LLP. She began her legal career as a law clerk to The Honorable Raymond W. Gruender on the United States Court of Appeals for the Eighth Circuit. Judge Crytzer earned her Juris Doctor, magna cum laude, from George Mason University’s Antonin Scalia School of Law and her Bachelor of Science, summa cum laude, from Middle Tennessee State University.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Shareholder, Spears, Moore, Rebman & Williams, PC
Alan Jackson practices in a variety of areas in state and federal courts. Prior to joining Spears, Moore, Rebman & Williams, P.C. in 2013, he served for two years as law clerk for the Honorable Walter E. Johnson of the United States District Court for the Northern District of Georgia.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Lori Windham is vice president and senior counsel at Becket, where she has represented clients on cutting-edge religious freedom issues since 2005. She has represented parties before the Supreme Court, arguing Becket’s unanimous victory on behalf of foster families in Fulton v. Philadelphia, as well as working with the Becket team on its Supreme Court victories in Hosanna-Tabor, Hobby Lobby, and Little Sisters of the Poor. She won a victory for the world’s largest religious media network in EWTN v. Azar, staving off millions of dollars in government fines under unlawful the HHS mandate. She has won more than a dozen victories in federal appellate courts, including successful defense of cities and school districts sued for accommodating religion, victories for houses of worship facing discrimination in the land use process, and overturning a multimillion-dollar judgment against a major evangelical ministry. She recently won a first-in-the-nation injunction for an adoption agency threatened with shutdown for its religious beliefs.
Recognized in Washington as an expert on religious freedom issues, Lori has testified in Congressional oversight hearings before the U.S. House of Representatives Judiciary Committee and before the U.S. Commission on Civil Rights. Outside Washington, Lori is sought-after speaker on First Amendment law, including appearances at Yale Law School, Harvard Law School, Stanford Law School, Georgetown University Law Center, Central European University, and many others.
In addition to these venues, Lori also defends her clients in the media, including television appearances on CBS This Morning, Hardball, CNN Tonight, On the Record, America’s Newsroom, Opinion Journal, and many others. Her work has been covered by the New York Times, Wall Street Journal, Washington Post, and dozens of other papers. She is also a regular guest on radio, with appearances on shows ranging from Sean Hannity to NPR.
Lori has successfully represented a wide array of clients, including a Santeria priest prohibited from making animal sacrifices, synagogues prohibited from building on their own land, and religious student organizations penalized for their religious speech. One of her most challenging cases involved travel to a remote farming community to ensure that members of the local Amish community were not jailed for using their traditional building methods.
Lori is a graduate of Harvard Law School and earned her B.A. summa cum laude at Abilene Christian University. She has served on the Board of Visitors of Abilene Christian University and received the ACU Young Alumnus of the Year award for her work at Becket. She sits on the board of Dominion Christian School and the visiting committee of the Fund for American Studies’ Summer Law Fellowship.
Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
Judge, United States Court of Appeals, Fifth Circuit
Edith Jones graduated from Alamo Heights High School, where she was a National Merit Scholar. In 1971, she received her B.A. in Economics from Cornell University, graduating with honors. In 1974, she was awarded her J.D. at the University of Texas Law School, where she was a law review editor and received the Order of the Coif.
Judge Jones was the first female partner at Andrews, Kurth, Campbell & Jones (now Hunton Andrews Kurth) where she practiced various types of litigation and bankruptcy cases. Judge Jones went on the federal bench on June 1, 1985.
Judge Jones served as a former member of the National Bankruptcy Review Commission, and as a member of the Judicial Conference Commission on Bankruptcy Rules. Judge Jones served on the White House Fellows Commission. Judge Jones served on the board of the Sam Houston Area Council of the Boy Scouts of America. She has been a member of the Garland Walker Inn of Court in Houston for more than 20 years and its President for at least ten years. Judge Jones is also on the Board of the Calvin Coolidge Presidential Foundation.
Partner, Clinton & Peed
Greg Lipper litigates both trials and appeals. He has extensive experience in criminal defense, business litigation, and First Amendment and media law, among many other areas of practice. Greg has represented a diverse set of clients, including financial institutions, media and technology companies, small businesses, nonprofit organizations, and individuals. And he has represented parties or amici in over two-dozen cases before the U.S. Supreme Court. Greg is known for his lively writing, skillful oral advocacy, and ability to explain complex and technical concepts simply and clearly.
Previously, Greg spent over five years as Senior Litigation Counsel at Americans United for Separation of Church and State. There, he represented the plaintiffs in a class-action challenge to Alabama’s ban on same-sex marriage; student-intervenors opposing the University of Notre Dame’s challenge to the Affordable Care Act’s contraceptive-coverage regulations; and the plaintiffs in a major Supreme Court case addressing the constitutionality of prayer before government meetings. He previously practiced white-collar criminal defense, commercial litigation, and media law at Covington & Burling.
Greg regularly writes and speaks about the law and legal news. He has spoken or guest lectured at law schools including Harvard, University of Michigan, Northwestern, and Georgetown—on topics ranging from the First Amendment to federal jurisdiction to advocacy. He has participated in panels hosted by the National Constitution Center, the United States Military Academy, and the American Political Science Association, among many others. His writing has appeared in both the popular and academic press, including articles in the American Criminal Law Review and the University of Illinois Law Review and chapters in two books published by Cambridge University Press. And he is regularly quoted on legal issues in national publications such as CNN, Reuters, the Washington Post, the Wall Street Journal, MSNBC, Slate, and the New Republic.
Director, ACLU Program on Freedom of Religion and Belief
Daniel Mach is the director of the ACLU Program on Freedom of Religion and Belief. He leads a wide range of religious-liberty litigation, advocacy, and public education efforts nationwide, and often writes, teaches, and speaks publicly on religious freedom issues. Mach currently serves as an adjunct professor of law at the George Washington University Law School, focusing on constitutional law and religious liberty. Prior to his work at the ACLU, Mach was a partner in the Washington office of Jenner & Block, where he specialized in First Amendment law.
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.
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.
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.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Daniel Blomberg is vice president and senior counsel for Becket. Before joining Becket, he clerked for Chief Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and served as litigation counsel with the Alliance Defending Freedom. Daniel’s clients have included an international order of nuns, the world’s largest religious media organization, synagogues, members of the U.S. military, religious healthcare ministries, peaceful protestors, halfway houses, religious colleges, state legislators, homeless shelters, religious business owners, an art gallery, and churches. Daniel has represented a wide variety of faith groups, including Anglicans, Baptists, Catholics, Hindus, Hutterites, Jews, Lutherans, Mennonites, Muslims, Presbyterians, Russian Orthodox, and Sikhs. Cases on which he has served as counsel to a party include: Our Lady of Guadalupe v. Morrissey-Berru, 140 S. Ct. 2049 (2020); Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63 (2020); Zubik v. Burwell, 136 S. Ct. 1557 (2016); Little Sisters of the Poor v. Sebelius, 134 S. Ct. 1022 (2014); Wheaton College v. Burwell, 134 S. Ct. 2806 (2014); Fellowship of Christian Athletes v. SJUSD, 82 F.4th 664 (9th Cir. 2023) (en banc); Singh v. Berger, 56 F.4th 88 (D.C. Cir. 2022); Demkovich v. St. Andrew the Apostle Parish, 3 F.4th 968 (7th Cir. 2021) (en banc); Maxon v. Fuller Theological Seminary, 2021 WL 5882035 (9th Cir. 2021); Intervarsity Christian Fellowship/USA v. University of Iowa, 5 F.4th 855, 867 (8th Cir. 2021); Business Leaders in Christ v. University of Iowa, 991 F.3d 969 (8th Cir. 2021); Whole Woman’s Health v. Smith, 896 F.3d 362 (5th Cir. 2018); Lee v. Sixth Mount Zion Baptist Church, 903 F.3d 113 (3d Cir. 2018); Gagliardi v. TJCV, 889 F.3d 728 (11th Cir. 2018); Harvest Family Church v. FEMA, 2018 WL 386192 (5th Cir. 2018); Fratello v. Archdiocese of New York, 863 F.3d 190 (2d Cir. 2017); Eternal Word Television Network v. U.S. Dep’t of HHS, 756 F.3d 1339 (11th Cir. 2014); InterVarsity Christian Fellowship/USA v. Bd. of Governors of Wayne State Univ., 534 F. Supp. 3d 785 (E.D. Mich. 2021); and Singh v. Carter, 168 F. Supp. 3d 216 (D.D.C. 2016).
Daniel has been featured on CNN, Huffington Post Live, Fox News, EWTN Nightly News, and CBS Evening News.
He earned his J.D. from the University of South Carolina School of Law, graduating magna cum laude. While in law school, Daniel clerked for the South Carolina Attorney General’s Office, served on a South Carolina Supreme Court task force, and interned with Judge J. Michelle Childs of the Circuit Court for the Fifth Judicial Circuit as a part of the Judicial Observation and Education program. He is a Blackstone Fellow. Daniel received his undergraduate degree from Columbia International University. He and his wife have five children and too many animals.
Partner, Nelson Mullins Riley & Scarborough LLP
Miles practices in the areas of appeals, business litigation, and First Amendment law. In addition to representing clients in complex civil and criminal litigation and appeals, Miles advises and represents public and private universities and serves as outside general counsel to several business and educational clients. He also represents and counsels private entities and government agencies and officials, including multiple current and former governors of South Carolina and members of Congress, on issues relating to the constitutional and statutory freedoms of speech, religion, and association. His First Amendment work has been cited by the United States Supreme Court.
Partner, Troutman Pepper Hamilton Sanders LLP
Misha leads Troutman Peppers' national appellate and Supreme Court practice. Most recently, he successfully obtained orders from the Supreme Court blocking an unconstitutional restriction on places of worship, as well as overturning a lower court order that had blocked several state election laws. He has also argued and prevailed before the Supreme Court in Gill v. Whitford, one of the most significant redistricting cases in decades, as well as Murr v. Wisconsin, a high-stakes regulatory taking case.
Before joining Troutman, Misha served as Solicitor General of the State of Wisconsin. Misha previously served as a law clerk for the Honorable Anthony M. Kennedy of the Supreme Court, Janice Rogers Brown of the D.C. Circuit, and Alex Kozinski of the 9th Circuit. He graduated from Georgetown University Law Center, where he was President of the Federalist Society Chapter.
State Court Docket Watch: Woods v. Seattle Union Gospel Mission
Seth L. Cooper
Washington Supreme Court Issues Mixed Ruling on Religious Employer Exemption
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
From Employment Division v. Smith to Fulton v. City of Philadelphia: The Free Exercise Clause in 2021
Kody Cooper, Katherine Amber Crytzer, Richard W. Garnett, J. Alan Jackson, Lori Windham
Chattanooga and Nashville Lawyers Chapter - Online Event
On May 19, 2021 the Nashville and Chattanooga Lawyers Chapters co-hosted a discussion on the...
From Employment Division v. Smith to Fulton v. City of Philadelphia: The Free Exercise Clause in 2021
Kody Cooper, Katherine Amber Crytzer, Richard W. Garnett, J. Alan Jackson, Lori Windham
Chattanooga and Nashville Lawyers Chapter - Online Event
On May 19, 2021 the Nashville and Chattanooga Lawyers Chapters co-hosted a discussion on the...
Religious Liberty in Transition?
Allyson Newton Ho, Edith H. Jones, Gregory M. Lipper, Daniel Mach, Roger Severino
Religious Liberties Practice Group
Presidential administrations have traditionally acknowledged the important role of religious liberty and pursued executive action...
Hosanna-Tabor v. EEOC [SCOTUSbrief]
Douglas Laycock
Short video featuring Douglas Laycock
When an elementary school teacher named Cheryl Perich collapsed during a school field trip, a...
Topics
States have been violating religious schools’ First Amendment rights for decades. The Supreme Court may be about to stop them.
The Supreme Court rarely goes out of its way to make sweeping pronouncements. The Justices...
Panel II: The Freedom of Religion [Archive Collection]
Robert L. Cord, Mitchell L. Edwards, Henry Mark Holzer, Michael W. McConnell, John T. Noonan, Arthur B. Spitzer
1986 National Student Symposium
On March 7-8, 1986, The Federalist Society hosted its annual National Student Symposium at Stanford...
Panel II: The Freedom of Religion [Archive Collection]
Robert L. Cord, Mitchell L. Edwards, Henry Mark Holzer, Michael W. McConnell, John T. Noonan, Arthur B. Spitzer
1986 National Student Symposium
On March 7-8, 1986, The Federalist Society hosted its annual National Student Symposium at Stanford...
Topics
Does the Ministerial Exception Apply to Hostile Work Environment Claims?
There is no longer any doubt that the ministerial exception exists, and courts and litigants...
SCOTUS Stops Cuomo’s COVID Synagogue Targeting
Daniel Blomberg, Miles Coleman, Misha Tseytlin
Greenville, Columbia, and Charleston South Carolina Lawyers Chapters
On December 17, 2020, the Federalist Society's Greenville, Columbia, and Charleston, South Carolina Lawyers Chapters...