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.
Judge, United States District Court for the Eastern District of Texas
Judge Sean Jordan is a federal district judge for the Eastern District of Texas, Sherman Division. Prior to taking the bench, Judge Jordan worked on complex civil litigation and appellate cases for twenty-five years in both government service and private practice. He has managed the appellate sections of two large law firms and also previously served as Principal Deputy Solicitor General in the Office of the Solicitor General of Texas.
Judge Jordan received his B.A., summa cum laude, from the University of Texas at Austin and his J.D., with honors, from the University of Texas School of Law. Prior to attending UT Austin, he served in the U.S. Army as an infantryman and paratrooper in the 82nd Airborne Division.
Principal Deputy Solicitor General, Alabama Office of the Attorney General
Robert M. Overing is the Principal Deputy Solicitor General for the State of Alabama and Adjunct Professor at Faulkner University's Jones School of Law. He previously served as a law clerk to Judge Diarmuid F. O'Scannlain on the U.S. Courts of Appeals for the Ninth Circuit and as Special Counsel to the U.S. Senate Judiciary Committee. He received his J.D. from Yale Law School and graduated summa cum laude from the University of Southern California with a masters degree in Philosophy and Law.
Judge, United States District Court for the Eastern District of Texas
Judge Sean Jordan is a federal district judge for the Eastern District of Texas, Sherman Division. Prior to taking the bench, Judge Jordan worked on complex civil litigation and appellate cases for twenty-five years in both government service and private practice. He has managed the appellate sections of two large law firms and also previously served as Principal Deputy Solicitor General in the Office of the Solicitor General of Texas.
Judge Jordan received his B.A., summa cum laude, from the University of Texas at Austin and his J.D., with honors, from the University of Texas School of Law. Prior to attending UT Austin, he served in the U.S. Army as an infantryman and paratrooper in the 82nd Airborne Division.
Principal Deputy Solicitor General, Alabama Office of the Attorney General
Robert M. Overing is the Principal Deputy Solicitor General for the State of Alabama and Adjunct Professor at Faulkner University's Jones School of Law. He previously served as a law clerk to Judge Diarmuid F. O'Scannlain on the U.S. Courts of Appeals for the Ninth Circuit and as Special Counsel to the U.S. Senate Judiciary Committee. He received his J.D. from Yale Law School and graduated summa cum laude from the University of Southern California with a masters degree in Philosophy and Law.
F. Elwood and Eleanor Davis Professor Emeritus of Law, The George Washington University Law School
Professor Lupu joined the law school in 1990. After graduating from law school, where he was case editor of the Harvard Law Review, he practiced law with the Boston firm of Hill & Barlow and then joined the law faculty at Boston University, where he taught from 1973 to 1989. During that time, he also served as a visiting professor at Northeastern University and at the University of California, Berkeley. In 1989–90, he was the professor-in-residence on the Appellate Staff of the Civil Division of the U.S. Department of Justice.
Professor Lupu is a nationally recognized scholar in constitutional law, with an emphasis in his writings on the religion clauses of the First Amendment. Together with his colleague Professor Robert Tuttle, Professor Lupu is the co-author of Secular Government, Religious People (Eerdmans Pub. Co., 2014) and many law journal articles.
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.
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.
Stephen Cranney has a dual PhD in sociology and demography from the University of Pennsylvania and is a freelance data scientist in the Washington, DC, area.
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).
Judge, United States District Court for the Eastern District of Texas
Judge Sean Jordan is a federal district judge for the Eastern District of Texas, Sherman Division. Prior to taking the bench, Judge Jordan worked on complex civil litigation and appellate cases for twenty-five years in both government service and private practice. He has managed the appellate sections of two large law firms and also previously served as Principal Deputy Solicitor General in the Office of the Solicitor General of Texas.
Judge Jordan received his B.A., summa cum laude, from the University of Texas at Austin and his J.D., with honors, from the University of Texas School of Law. Prior to attending UT Austin, he served in the U.S. Army as an infantryman and paratrooper in the 82nd Airborne Division.
Principal Deputy Solicitor General, Alabama Office of the Attorney General
Robert M. Overing is the Principal Deputy Solicitor General for the State of Alabama and Adjunct Professor at Faulkner University's Jones School of Law. He previously served as a law clerk to Judge Diarmuid F. O'Scannlain on the U.S. Courts of Appeals for the Ninth Circuit and as Special Counsel to the U.S. Senate Judiciary Committee. He received his J.D. from Yale Law School and graduated summa cum laude from the University of Southern California with a masters degree in Philosophy and Law.
Structure Over Spectacle: The Supreme Court's 2024 Term
Donald A. Daugherty, David C. Tryon
After several years of headline-grabbing decisions that reshaped national political debate—from abortion and affirmative action...
Litigation Update: Miller v. McDonald
Litigation Update: Miller v. McDonald
Sean D. Jordan, Robert M. Overing
All fifty states mandate certain vaccinations for schoolchildren. Forty-six of them allow religious exemptions. New...
Litigation Update: Miller v. McDonald
Sean D. Jordan, Robert M. Overing
All fifty states mandate certain vaccinations for schoolchildren. Forty-six of them allow religious exemptions. New...
The Amish Exception: The Story of Wisconsin v. Yoder
Ira C. “Chip” Lupu, Lori Windham
In 1972, a group of Amish families who challenged a compulsory education law helped set...
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...
Measuring and Evaluating Public Responses to Religious Rights Rulings
Creighton Roland Meland, Stephen Cranney
The story of Jack Phillips and his cake shop—Masterpiece Cakeshop—is by now familiar. Jack Phillips...
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...
Can a New Establishment Clause Jurisprudence Succeed in Protecting Religious Minorities Where Lemon Has Failed?
Alexandra M. Lightfoot
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
Who's 'Weaponizing the First Amendment'—the Left or the Right?
On June 28th, after previously splitting 4-4 on the case, the Supreme Court declined a...