Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Partner, Taft Stettinius & Hollister LLP
Philip litigates complex matters in state and federal courts. He has briefed appeals in multiple U.S. Courts of Appeals, including the Sixth, Seventh, and Ninth Circuits, as well as state appellate courts in Ohio, Kentucky, and Georgia. Philip has also represented amici at both the cert petition and merits stages in the U.S. Supreme Court.
Prior to joining Taft, Philip served as a law clerk for Judge Raymond M. Kethledge of the U.S. Court of Appeals for the Sixth Circuit, Judge Amul R. Thapar of the U.S. District Court for the Eastern District of Kentucky, and Judge Lavenski R. Smith of the U.S. Court of Appeals for the Eighth Circuit.
Philip serves on the board of directors for the Cincinnati and Northern Kentucky lawyers chapters of the Federalist Society. He was a 2018 James Wilson Fellow with the James Wilson Institute, a 2013 John Marshall Fellow with the Claremont Institute Center for Constitutional Jurisprudence, and a 2011 Blackstone Fellow with the Alliance Defending Freedom.
Philip received his undergraduate degree, with Highest Honors, from Ouachita Baptist University. He received his J.D. from the University of Virginia School of Law, where he served as the submissions review editor for the Journal of Law and Politics.
Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Associate Attorney, Gibson, Dunn & Crutcher
Max Schulman is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department.
Before joining the firm, Mr. Schulman served as a law clerk to the Honorable Gregory G. Katsas of the United States Court of Appeals for the District of Columbia Circuit and the Honorable Sidney H. Stein of the United States District Court for the Southern District of New York. Mr. Schulman earned his J.D. magna cum laude in 2017 from Harvard Law School, where he was an Articles Editor of the Harvard Law Review. He graduated cum laude in 2013 from Harvard College with an A.B. in Social Studies.
Mr. Schulman is admitted to practice in Maryland and the District of Columbia, and before the United States Court of Appeals for the District of Columbia Circuit and the United States District Court for the District of Columbia.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Judge, United States District Court, Eastern District of Arkansas
Lee Philip Rudofsky is a judge on the United States District Court for the Eastern District of Arkansas. Prior to his 2019 appointment by President Trump, Judge Rudofsky served as the Solicitor General of Arkansas, an Assistant General Counsel at Walmart, a Senior Litigation Associate at Kirkland & Ellis, and counsel to several Republican political campaigns. Today, in addition to his judicial service, Judge Rudofsky teaches law school classes on founding-era constitutional history and, separately, speaks to students across the country about the October 7th Massacre and the subsequent Israeli response. In 2024, Judge Rudofsky helped establish an annual judicial education mission to Israel that offers American judges the opportunity to learn first-hand about the Israeli legal system, Israeli society, and legal issues related to the Israel-Hamas war.
Professor of Law, University of Chicago Law School
Daniel Hemel’s research focuses on taxation, nonprofit organizations, administrative law, and federal courts. His academic work has appeared in the California Law Review, Cornell Law Review, Columbia Law Review, Georgetown Law Journal, Journal of Legal Analysis, National Tax Journal, NYU Law Review, Supreme Court Review, Tax Law Review, Texas Law Review, University of Chicago Law Review, and Yale Law Journal, and has been cited by the US Supreme Court as well as the Ninth Circuit and Federal Circuit Courts of Appeals. His op-eds and other writing have appeared in the New York Times, Washington Post, Wall Street Journal, Atlantic, Politico, Slate, TIME Magazine, and Vox. He also has provided on-air legal analysis for CNN, MSNBC, and NPR.
Daniel graduated summa cum laude from Harvard College and received an MPhil with distinction from Oxford University, where he was a Marshall Scholar. He then earned his JD from Yale Law School, where he was editor-in-chief of the Yale Law Journal. Before joining the University of Chicago Law School faculty, he was a law clerk to Associate Justice Elena Kagan on the US Supreme Court. He also clerked for Judge Michael Boudin on the US Court of Appeals for the First Circuit and Judge Sri Srinivasan on the US Court of Appeals for the District of Columbia Circuit, and served as visiting counsel at the Joint Committee on Taxation. He has held visiting professorships at Harvard Law School and Stanford Law School.
Judge, United States District Court, Eastern District of Arkansas
Lee Philip Rudofsky is a judge on the United States District Court for the Eastern District of Arkansas. Prior to his 2019 appointment by President Trump, Judge Rudofsky served as the Solicitor General of Arkansas, an Assistant General Counsel at Walmart, a Senior Litigation Associate at Kirkland & Ellis, and counsel to several Republican political campaigns. Today, in addition to his judicial service, Judge Rudofsky teaches law school classes on founding-era constitutional history and, separately, speaks to students across the country about the October 7th Massacre and the subsequent Israeli response. In 2024, Judge Rudofsky helped establish an annual judicial education mission to Israel that offers American judges the opportunity to learn first-hand about the Israeli legal system, Israeli society, and legal issues related to the Israel-Hamas war.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
United States Senator, Arkansas
Tom Cotton is a United States Senator from Arkansas. Tom’s committees include the Banking Committee, where he chairs the Economic Policy Subcommittee, the Intelligence Committee, and the Armed Services Committee, where he chairs the Air Land Power Subcommittee.
Tom grew up on his family’s cattle farm in Yell County. He graduated from Dardanelle High School, Harvard, and Harvard Law School. After a clerkship with the U.S. Court of Appeals and private law practice, Tom left the law because of the September 11th attacks. Tom served nearly five years on active duty in the United States Army as an Infantry Officer.
Tom served in Iraq with the 101st Airborne and in Afghanistan with a Provincial Reconstruction Team. Between his two combat tours, Tom served with The Old Guard at Arlington National Cemetery. Tom’s military decorations include the Bronze Star Medal, Combat Infantry Badge, and Ranger Tab.
Between the Army and the Senate, Tom worked for McKinsey & Co. and served one term in the House of Representatives.
Tom and his wife Anna have two sons, Gabriel and Daniel.
Litigation Update: Faust v. Vilsack - Race Discrimination in the American Rescue Plan
Rick M. Esenberg, Devon Westhill
The Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit in federal court challenging...
Litigation Update: Faust v. Vilsack - Race Discrimination in the American Rescue Plan
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Arkansas State Conference NAACP v. Arkansas Board of Apportionment: Textualism in Action in a Voting Rights Act Case
On February 17, 2022, in Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the...
Lunch with Judge Lee Rudofsky
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Feddie Night Fights: Vaxxports?
Chicago Student Chapter
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Note from the Editor: The Federalist Society takes no positions on particular legal and public...
2020 Civil Justice Update
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Note from the Editor: The Federalist Society takes no positions on particular legal and public...
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On October 6, 2020, the Supreme Court heard oral arguments for Rutledge v. Pharmaceutical Care...