Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Associate, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Ken Daines is an associate at Holtzman Vogel Baran Torchinsky & Josefiak PLLC. His practice focuses on trial and appellate litigation in federal and state courts, including matters presenting constitutional law, redistricting, and election-related issues.
Before joining the firm, Ken clerked for Judge Ryan D. Nelson on the U.S. Court of Appeals for the Ninth Circuit and Judge Dee V. Benson on the U.S. District Court for the District of Utah. He also practiced election law and government ethics at a large law firm in Washington, D.C.
Ken earned his J.D. from Stanford Law School and a B.A. in International Relations and Chinese, magna cum laude, from Brigham Young University. While in law school, he worked as a student attorney for the Religious Liberty Clinic and served as Executive Vice-President for the Stanford Law chapter of the Federalist Society. Ken is a member of the District of Columbia and Maryland Bars, the J. Reuben Clark Law Society, and the Federalist Society.
Senior Associate, Holtzman Vogel Josefiak Torchinsky PLLC
Drew Watkins is a senior associate with Holtzman Vogel Josefiak Torchinsky PLLC, providing counsel in the areas of campaign finance and election law, lobbying and ethics compliance, and tax-exempt organizations.
Prior to joining the firm, Drew served as a law clerk to the Honorable Joseph R. Goeke, Senior Judge of the United States Tax Court in Washington, D.C., and worked in the Office of General Counsel for the Governor of Kentucky, Matthew G. Bevin. While in law school, Drew served as a law clerk for the Kentucky Executive Branch Ethics Commission and interned for Senate Majority Leader Mitch McConnell in his office in Washington, D.C.
Drew graduated from the University of Louisville with a B.S. in Justice Administration. He earned his Juris Doctor, magna cum laude, from the University of Kentucky College of Law and was a member of the Order of the Coif. During law school, he served as a senior staff editor on the Kentucky Law Journal and authored a published student note on the Justice Against Sponsors of Terrorism Act. He is a member of the Kentucky, D.C. and Virginia bars and the Federalist Society.
Senior Associate Legal Fellow, The Buckeye Institute
Alex M. Certo is a Senior Associate Legal Fellow at The Buckeye Institute. In this role, Certo advances Buckeye’s public policy efforts by litigating cases that protect individuals’ rights and by contributing to more than 75 amicus briefs filed with the U.S. Supreme Court, as well as dozens of amicus briefs in state and lower federal courts. Additionally, Certo supports Buckeye’s policy work by analyzing the legal implications of proposed and pending legislation and by testifying before Ohio legislative committees.
Certo has been a member of the Federalist Society since 2019 and currently serves on the board of the Columbus Lawyers chapter, where he is vice president.
Certo’s legal experience includes working as a judicial extern for the Supreme Court of Ohio and as a summer extern in the Investigations Division of the Allegheny County District Attorney’s Office. Certo also worked as a law clerk for Agee, Clymer, Mitchell & Portman in Columbus, Ohio, focusing on workers’ compensation litigation.
Certo received his bachelor’s degree from Slippery Rock University and his Juris Doctor (magna cum laude) from Capital University Law School. In law school, Certo served on the associate board of the Capital University Law Review and competed on the Child Welfare and Adoption Law Moot Court team. Certo was the president of Capital’s Federalist Society chapter and vice president of the Labor and Employment Law Association. Certo also served as a teaching assistant for Capital’s Second Amendment course and a research assistant for a pair of faculty-written articles on public safety. Certo was awarded the CALI Excellence for the Future Award in Patent Law and the Ronald I. Friedman Memorial Service Award, and he was inducted into The Order of Barristers.
Before law school, Certo worked as a staff accountant. His work focused on preparing individual and small business tax filings and assisting small business owners with daily accounting needs.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Deputy Assistant Attorney General, Office of Legal Policy, Department of Justice
GianCarlo Canaparo serves as Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice. There, he oversees the Office's regulatory work and is the Department's liaison to the Office of Information and Regulatory Affairs. He also assists the White House in the process of selecting nominees for federal judgeships and advises Department leadership on policy and legal matters.
Before joining the Department, Canaparo was a senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies where he researched constitutional law, administrative law, and civil rights.
Canaparo’s scholarship has appeared in various law reviews including the Harvard Journal of Law and Public Policy, the Notre Dame Law Review, the Georgetown Journal of Law and Public Policy, the Texas Review of Law and Politics, and the Administrative Law Review. His research has been cited by Justice Neil Gorsuch and featured in the Wall Street Journal and Washington Post. His analysis has appeared in Law & Liberty, Civitas, Fox News, The National Review, Law 360, FedSoc Blog, and other outlets.
Canaparo co-hosted The Heritage Foundation’s SCOTUS 101 podcast, which follows the Supreme Court’s arguments and opinions and features interviews with judges, advocates, and scholars.
After graduating Georgetown law, Canaparo spent three years at the law firm of Skadden, Arps, Slate, Meagher & Flom and two years as a federal law clerk. He earned his bachelor’s degree in economics from the University of California at Davis.
Canaparo is a classical pianist and organist.
Clinical Professor and Director of the First Amendment Clinic, Florida State University College of Law
Denise Mayo Harle is a clinical professor and director of the First Amendment Clinic at FSU College of Law, where she leads student advocacy and litigation on free speech, religious liberty, and press freedom issues. Her teaching and scholarship focus on constitutional law, appellate practice, and First Amendment rights. Before entering academia, Professor Harle was a partner at Shutts & Bowen LLP in Tallahassee, where she was a member of the firm’s Appellate Practice Group and Constitutional Law Practice Area. Prior to that, she served as Deputy Solicitor General in the Office of the Florida Attorney General. Professor Harle has briefed and argued high-profile cases involving significant constitutional issues and questions of statutory interpretation in both state and federal courts, including the U.S. Supreme Court.
Professor Harle’s early career includes clerking for Justice Ricky L. Polston on the Florida Supreme Court and practicing appellate law in California. In 2022, she was selected as a finalist for a seat on the Florida Supreme Court. She was appointed by Governor Ron DeSantis to Florida’s Faith and Community Advisory Council and currently serves on the Judicial Nominating Commission for Florida’s Second Circuit. She was also selected for the prestigious U.S. Supreme Court Fellowship through the National Association of Attorneys General in 2017. She earned her J.D. cum laude from Duke University Law School and her B.A. and B.S. summa cum laude from Florida State University.
Professor Harle is active in the legal and academic communities. She is a member of the American Enterprise Institute’s Leadership Network and the Federalist Society’s Speakers Bureau. She has served on the board of Tallahassee Women Lawyers, the Florida Bar’s Client Security Fund Committee, and the First District Appellate American Inn of Court.
Before practicing law, Professor Harle completed doctoral coursework in Political Science at Stanford University as a Stanford Graduate Fellow, where she taught undergraduate courses on public policy, law, and American politics, and earned a Master’s degree. She continues to serve as a dissertation faculty advisor for Concordia University–St. Paul mentors doctoral students in research and writing.
A frequent speaker and media commentator on constitutional law, Professor Harle has been quoted in The Wall Street Journal, The Washington Post, and The New York Times, and has appeared on national outlets including C-SPAN and Fox News. She has also testified before the U.S. Senate on matters of constitutional significance.
Associate Justice, Alabama Supreme Court
James L. “Jay” Mitchell was elected to the Alabama Supreme Court in 2018.
Prior to serving on the Supreme Court, Justice Mitchell was an accomplished litigation attorney with Maynard, Cooper & Gale, P.C. During his time in private practice, he tried a number of complex cases to verdict, successfully handled appeals, and obtained favorable settlements for clients. He was rated as one of the top litigators in the United States and Alabama, and received the highest possible rating for professional ethics. He also served on Maynard, Cooper & Gale’s executive committee, helping to lead strategic and growth initiatives for the firm.
Justice Mitchell was born in Mobile and grew up in South Alabama and in Homewood. He is a graduate of Homewood High School and received his Bachelor of Arts with honors from Birmingham-Southern College, where he graduated Phi Beta Kappa, served as president of the student body, and played forward on the school’s 1995 national championship basketball team. He holds a Master of Arts from University College in Dublin, Ireland, and received his law degree from the University of Virginia School of Law.
Justice Mitchell has long been active in organizations that benefit the community and enhance the legal profession. In addition to his service with other organizations, he is a member of the Rotary Club of Birmingham and serves on the board of directors at Cornerstone School, an inner city Christian school. He is also a member of the Federalist Society.
Justice Mitchell and his wife, Elizabeth, have been married for 20 years and have four children. They reside in Homewood and are longtime members of Church of the Highlands.
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Tennessee Supreme Court Clarifies Which Policy Statements Must Undergo Notice and Comment
Thomas Berry
While the federal Administrative Procedure Act (APA)[1] may receive the most attention from students of...
Felon Re-Enfranchisement Requirements Upheld by North Carolina Supreme Court
Ken Daines, Andrew Watkins
When lawsuits challenge state legislative enactments as racially discriminatory or motivated by invidious intent, courts...
Proposed “Reproductive Freedom” Constitutional Amendment May Be Placed on the Ballot After Ohio Supreme Court Ruling
Alex Certo
The Ohio Constitution reserves for the people the right to propose an amendment to the...
Courthouse Steps Decision: Haaland v. Brackeen
Jennifer H. Weddle
On Thursday, June 15, 2023, the Supreme Court issued its decision in Haaland v. Brackeen....
Courthouse Steps Decision: Haaland v. Brackeen
Jennifer H. Weddle
On Thursday, June 15, 2023, the Supreme Court issued its decision in Haaland v. Brackeen....
Narrow Right to Abortion in State Constitution Divined and Reaffirmed by Oklahoma Supreme Court
GianCarlo Canaparo
In Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court held that there...
Abortion Laws In Oklahoma Subject of Fractured Decision at State Supreme Court
Denise M. Harle
Immediately after the U.S. Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization,[1]...
Textualism in Alabama
Jay Mitchell
Federalist Society Review, Volume 24
Textualism is alive and well in Alabama. This interpretive doctrine teaches that legal texts have...
Burnett v. Smith & Implied Rights of Action
Anya Bidwell, Erin M. Hawley
If a federal agent violates a citizen’s constitutional rights, does a justiciable cause of action...
Burnett v. Smith & Implied Rights of Action
Anya Bidwell, Erin M. Hawley
If a federal agent violates a citizen’s constitutional rights, does a justiciable cause of action...