Distinguished Research Professor, Center for Citizenship and Constitutional Government, University of Notre Dame
Donald L. Drakeman is Distinguished Research Professor in the Center for Citizenship and Constitutional Government at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His writings have been cited by the Supreme Courts of the United States and the Philippines. He has published seven books, including The Hollow Core of Constitutional Theory (Cambridge University Press, 2021), Why We Need the Humanities (Palgrave, 2016), and Church, State, and Original Intent (Cambridge University Press, 2010). He received an A.B. magna cum laude from Dartmouth College; a J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar; and a Ph.D. from Princeton University. He is a Fellow of the Royal Historical Society, and he was the founding chair of the Advisory Council for the James Madison Program on American Ideals and Institutions at Princeton University.
Senior Counsel, First Liberty Institute
Stephanie N. Taub serves as Senior Counsel with First Liberty Institute, focusing on litigation, appellate advocacy, and legal education.
While at First Liberty, her article on the rights of faith-based organizations under Title VII of the Civil Rights Act of 1964 has been published in the Texas Review of Law and Politics. She has also authored pieces published in National Review, the Daily Signal, the Washington Times, the Des Moines Register, and the New York Daily News. In 2017, Taub was named one of 15 recipients of the James Wilson Fellowship in natural law.
Before joining First Liberty, Taub worked as a law clerk to the Honorable Reed O’Connor in the U.S. District Court of the Northern District of Texas.
Taub is a Harvard Law School graduate in the class of 2014 and a Blackstone Fellow in the class of 2012. During law school, she served as Co-President of the HLS Christian Fellowship and Managing Technical Editor of the Harvard Human Rights Journal. Taub spent her law school summers defending religious liberty in public interest law firms and clerking in the Texas Office of Solicitor General.
For her undergraduate studies at the University of Southern California, Taub graduated summa cum laude, majoring in Business Administration with a minor in Philosophy.
Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Partner, Jones Day
Christopher DiPompeo's practice focuses on complex litigation and appellate advocacy in the context of business restructurings and chapter 11 bankruptcies. He has significant experience across a variety of industries, including financial services, government contracts, gaming, and municipal government. Chris regularly counsels clients in connection with issues relating to bankruptcy jurisdiction and venue, the automatic stay, post-petition financing, and complex commercial contracts.
In 2013 and 2014, Chris was a member of the Jones Day team representing the City of Detroit, Michigan in its historic chapter 9 bankruptcy case. He played a significant role in many aspects of the chapter 9 case, including litigation over the City's eligibility for bankruptcy, its request to obtain post-petition financing, and confirmation of its plan of adjustment. Chris also played a lead role in the City's lawsuit challenging the legality of $1.4 billion of pension obligation certificates of participation issued by the City in 2005 and 2006. Most recently, he has represented major creditors of Energy Future Holdings Corp., Caesars Entertainment Operating Company, General Motors, and the Commonwealth of Puerto Rico.
Prior to joining Jones Day, Chris served as a law clerk for the Chief Justice of the United States, John G. Roberts Jr., and for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit. In 2012, he was awarded a Temple Bar Scholarship, through which he traveled to London to work alongside some of the most senior members of the English bar and judiciary.
Senior Counsel, First Liberty Institute
Jordan Lorence is Senior Counsel in FLI’s Washington, D.C. office, where he represents First Liberty in strategic efforts promoting religious liberty, and works on important First Amendment projects and litigation, including those at the U.S. Supreme Court.
Lorence has a long career of litigating religious liberty cases since 1984. He has worked for many public interest law firms, including Alliance Defending Freedom, Home School Legal Defense Association, the North Star Legal Center and Concerned Women for America.
He has worked on important religious liberty cases. Lorence worked on school choice cases at the Supreme Court, such as Witters v. Washington Department of Services for the Blind (1986), and Trinity Lutheran (2016), which laid the foundation for First Liberty’s crucial win in Carson v. Makin (2022), requiring Maine to include religious schools in its school choice program.
Lorence argued before the U.S. Supreme Court in Regents of the University of Wisconsin v. Southworth (2000). He represented prolife Christian law students from the University of Wisconsin Law School who objected to the University’s requirement that they pay a mandatory student fee that funded the advocacy of student pro-abortion groups. Other Supreme Court cases Lorence has worked on include NIFLA v. Becerra (2018), protecting prolife pregnancy centers from a California statute requiring them to post signs explaining how pregnant women could obtain state-funded abortions; Masterpiece Cakeshop (2017), involving a Christian cake artist sued by the State of Colorado for declining to design a case celebrating the wedding of a same-sex couple and other cases such as Christian Legal Society v. Martinez (2012), Rosenberger v. University of Virginia (1995), Hurley v. GLIB (1995) and Lamb’s Chapel v. Center Moriches Center Moriches School District (1993).
Churches and other religious groups in New York City obtained the right to rent vacant public schools on weekends to conduct worship services after Lorence’s tenacious 20 years of litigation in Bronx Household of Faith. Lorence won protection for churches facing eviction from discriminatory zoning ordinances in Minnesota in Cornerstone Bible Church v. City of Hastings, Minnesota (1991). He also argued at the New Mexico Supreme Court one of the first cases in the nation defending a Christian wedding photographer charged by the State of New Mexico with discrimination for declining to create photos celebrating the commitment ceremony of a lesbian couple in Elane Photography v. Willock (2013).
Lorence defended home schooling families from intrusive school officials during his time working at Home School Legal Defense Association (HSLDA) in the 1980s and 1990s. HSLDA also tasked Lorence with establishing a sister organization in Canada to protect home schooling families there. He traveled extensively in Canada from British Columbia to Prince Edward Island speaking to families how they could protect their right to home school under relevant Canadian law.
Lorence earned his undergraduate degree in journalism from Stanford University and his law degree from the University of Minnesota, his home state. Lorence was born and raised in Minnesota, where he worked one summer building Mighty Dump trucks at Tonka Toys in Mound, Minnesota. For two years immediately after he graduated from law school, Lorence served as the head administrator for a Minnesota Senate committee.
He speaks extensively on First Amendment and other legal issues. Lorence has spoken at least 75 law schools and many legal conferences. Prominent publications such as the Wall Street Journal, the Washington Post and others have printed his opinion pieces on key legal issues involving religious liberty and freedom of speech. He has appeared on such media outlets as Fox News, CNN, National Public Radio, NBC’s Today Show, BBC radio and many others.
Lorence and his wife Marilyn have been married 40 years. They live in the Washington, D.C. area where they raised their seven children.
Establishing an Agreement to Disagree About Church and State
Donald L. Drakeman
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
A Cord of Three Strands: How Kennedy v. Bremerton School District Changed Free Exercise, Establishment, and Free Speech Clause Doctrine
Stephanie Taub, Kayla Ann Toney
In 2015, Bremerton High School football coach Joseph Kennedy lost his job for kneeling at...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
An Imagined Bloc and Other Figments
Donald A. Daugherty
A review of American Justice 2019: The Roberts Court Arrives, by Mark Joseph Stern (University...
Topics
Lemon is Dead
“Lemon is dead,” quoth the court, and there was much rejoicing. Happily, the glad tidings...
Fingers Cross-ed? The Establishment Clause after American Legion
Orange County Lawyers Chapter
Irvine, CATopics
The Future of the Establishment Clause in the Roberts Court
Next Thursday’s Establishment Clause Panel at the Federalist Society National Lawyer’s Convention will be both...
Topics
Exploring American Legion: What Shelving Lemon Could Mean for Monuments Litigation
In 2015, the Arkansas legislature authorized placement of a privately-donated Ten Commandments monument on the...
Topics
Chamberlain v. Montoya: The First Legal Challenge That Applies the American Legion to a New Display
Based in New Hampshire, the Northeast POW/MIA Network is an organization whose mission is to...
The American Legion v. American Humanist Association - Post-Decision Podcast
Christopher DiPompeo
On June 20, 2019, the Supreme Court decided The American Legion v. American Humanist Association,...