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.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Associate Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
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.
Justice, Supreme Court of Alabama (Retired); Professor of Law, Belmont University College of Law?
William Gardiner Hammond Professor of Law, Washington University Law
Professor Brian Z. Tamanaha is a renowned jurisprudence scholar and the author of eight books and numerous scholarly articles, including his groundbreaking book, Beyond the Formalist–Realist Divide: The Role of Politics in Judging. His articles have appeared in a variety of leading journals, and his publications have been translated into eight languages. Also an expert in law and society, he has delivered lectures in Brazil, Indonesia, Japan, France, the Netherlands, Colombia, Singapore, Australia, Canada, and the United Kingdom. He spent a year in residence as a Member of the Institute for Advanced Study in Princeton. Professor Tamanaha is the recipient of several book prizes and awards, including Professor of the Year, and a frequent speaker and lecturer at legal conferences throughout the United States and abroad. His professional affiliations include serving as a past member of the Board of Trustees of the Law and Society Association. Before becoming a law professor, he clerked for the Hon. Walter E. Hoffman, U.S. District Court for the Eastern District of Virginia. He also practiced law in Hawaii and Micronesia, where he served as legal counsel for the Micronesian Constitutional Convention, Assistant Attorney General for the Yap State, and Assistant Federal Public Defender for the District of Hawaii. He then earned a doctorate of juridical science at Harvard Law School.?
His latest book, Failing Law Schools, is available at http://www.amazon.com/Failing-Schools-Chicago-Series-Society/dp/0226923614. ?
Founder and Principal, Fillmore Global Strategies LLC
Ambassador Nathan A. Sales is the founder and principal of Fillmore Global Strategies LLC, a consultancy that provides legal and strategic advisory services on matters at the intersection of law, policy, and diplomacy.
From 2017 to 2021, Ambassador Sales served at the U.S. Department of State as Under Secretary for Civilian Security, Democracy, and Human Rights (acting). He oversaw nine bureaus and offices led by Senate-confirmed principals, with 1,300 employees and a combined foreign assistance budget of more than $5 billion annually, and the mission of preventing and countering threats to civilian security, including terrorism, mass atrocities, and violations of human rights and the rule of law.
Concurrently, Ambassador Sales was Ambassador-at-Large and Coordinator for Counterterrorism. After being nominated by the President and unanimously confirmed by the U.S. Senate, he was sworn in on August 10, 2017. He served as the principal adviser to the Secretary of State on international counterterrorism matters, and led the State Department’s Counterterrorism Bureau, a 200-person team with an annual foreign assistance budget of $400 million. He was also the Special Presidential Envoy to the Global Coalition to Defeat ISIS, leading U.S. relations with the 83-member Coalition and efforts to ensure the lasting defeat of ISIS in the Middle East and around the world.
While at the State Department, Ambassador Sales led the elements of the U.S. government’s China strategy promoting democratic values and human rights, including with respect to Hong Kong and Xinjiang. He oversaw the development and implementation of a wide range of U.S. government sanctions, including Global Magnitsky actions and Executive Order 13,936, targeting those responsible for undermining Hong Kong’s freedoms and autonomy. Ambassador Sales was the architect of the landmark 2017 UN Security Council Resolution 2396 on terrorist travel, and successfully pressed NATO to make counterterrorism a core Alliance mission. He led diplomatic engagements to persuade a dozen key partners in Europe and the Americas to designate Hizballah as a terrorist organization in its entirety. He launched the Western Hemisphere Counterterrorism Ministerial, in which heads of state and minister-level officials meet bianually to coordinate efforts against terrorist threats in the region. He led the U.S. government’s international efforts to combat white supremacist terrorism. Under his leadership, the State Department imposed terrorism sanctions on the Russian Imperial Movement – the first-ever U.S. designation of white supremacist terrorists.
Before joining the State Department, Ambassador Sales was Of Counsel at the law firm Kirkland & Ellis LLP (formerly Bancroft PLLC). He was also a tenured law professor, teaching and writing in the fields of administrative law, constitutional law, and national security law. His scholarship has been cited by the U.S. Supreme Court multiple times.
Ambassador Sales previously was Deputy Assistant Secretary for Policy at the U.S. Department of Homeland Security. He led DHS’s efforts to draft and implement legislation that strengthened the security of and expanded the Visa Waiver Program (which allows citizens of certain countries to travel to the United States without a visa). He headed the U.S. delegation in talks with seven countries to implement the new security measures and was the Secretary of Homeland Security’s Special Envoy to South Korea.
Ambassador Sales also served at the Office of Legal Policy at the U.S. Department of Justice, where he worked on regulatory initiatives, counterterrorism, and judicial confirmations. In 2005, he managed DOJ’s “war room” for the confirmation of Chief Justice John Roberts. He received the Attorney General’s Award for Exceptional Service – the Justice Department’s highest honor – for his role in drafting the USA PATRIOT Act, as well as the Attorney General’s Distinguished Service Award for his work on judicial confirmations.
In addition to his work at Fillmore Global Strategies, Ambassador Sales is a nonresident senior fellow at the Atlantic Council and a senior advisor at the Soufan Group, a global intelligence and security consultancy. He serves on a number of advisory boards, including for the Counter-Extremism Project (a nonprofit and nonpartisan international policy organization formed to combat the growing threat from extremist ideologies), the Secure Community Network (the official safety and security organization for the North American Jewish community), and the Sue J. Henry Center for Pre-Law Education at Miami University.
An Ohio native, Ambassador Sales received his B.A., summa cum laude, from Miami University in Oxford, Ohio, where he was elected to Phi Beta Kappa. He earned his J.D., magna cum laude, from Duke Law School, where he was Research Editor of the Duke Law Journal and joined the Order of the Coif. After law school, he clerked for the Honorable David B. Sentelle of the U.S. Court of Appeals for the DC Circuit.
W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair and Professor of Government, University of Texas at Austin School of Law
Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written six books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and teh Flaws that Affect Us Today (forthcoming, September 2017). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); and The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010.
He has been a visiting faculty member of the Boston University, Georgetown, Harvard, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. He is also affiliated with the Shalom Hartman Institute of Jewish Philosophy in Jerusalem. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.
Senior Fellow, National Security Institute, Antonin Scalia School of Law, George Mason University; Retired Professor, Distinguished Fellow and Co-Founder, Center for National Security Law, University of Virginia School of Law (1987-2020)
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and served as its associate director for 39 years, except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. He retired from UVA in January 2020 and currently serves as a non-resident senior fellow at the GMU National Security Institute. He also served briefly in 2020 as President of the Crime Prevention Research Center—one of the most respected pro-Second Amendment groups in the country—while its founder, Dr. John Lott, was on leave of absence.
A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to U.S. Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee (where Turner anticipated by seven years the Supreme Court’s landmark INS v. Chadha decision, striking down legislative vetoes). He also served in the executive branch during the Reagan administration as a member of the Senior Executive Service, first in the Pentagon as special assistant to the undersecretary of defense for policy, then in the White House as counsel to the President's Intelligence Oversight Board, and at the State Department as principal deputy and then acting assistant secretary for legislative affairs. In 1986, he became the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner also chaired the Executive-Congressional Relations Subcommittee of the ABA Section on International Law and Practice and chaired or co-chaired the National Security Law Subcommittee of the Federalist Society’s International and National Security Law Practice Group for several years.
Turner taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In addition, he co-taught National Security Law and advanced national security law seminars on the Indochina War and on war and peace with Moore at the Law School.
The author or editor of 17 books and monographs (including co-editor of the Center's 1,600-page National Security Law & Policy casebook, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and other professional journals, Turner has also contributed articles to most of the major U.S. newspapers, including The New York Times and USA Today. In an op-ed published in The International Herald Tribune in September 1990, he and Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein and for international controls over Iraq's weapons of mass destruction, and the following month he wrote the lead story in The Washington Post Sunday Outlook Section, “Killing Saddam: Would It Be a Crime?,” arguing that Hussein would be a lawful target during Operation Desert Storm. (His reasoning contributed to the modern legal justification for drone strikes targeting specific terrorist leaders.) Three years before the terrorist attacks of September 11, 2001, Turner published an op-ed in USA Today entitled: “In Self-defense, U.S. Has Right to Kill bin Laden.”
In July 2007, he co-authored an article in The Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley, “War Crimes and the White House,” criticizing the use of unlawful “enhanced interrogation techniques” by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in The Wall Street Journal, “Saigon’s Fall Still Echoes Today,” noting that after the war ended, Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons and supplies into South Vietnam to overthrow its government — just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A frequent lecturer and debater, Turner has spoken at more than 100 law schools around the nation and in other fora — taking on as many as four opponents at a time. His debate opponents have included former or future deans of Yale, Stanford, the University of Chicago and Berkeley law schools. Following a 1987 debate against Dean Harlan Cleveland (Rhodes Scholar, U.S. Ambassador to NATO, and Presidential Medal of Freedom recipient) in which Turner defended the legality of U.S. support for the Nicaraguan contras during the Reagan Administration, the host student debating societies awarded Turner the victory by an 85-to-15 percent margin.
Turner has also written and lectured widely on University of Virginia founder and America’s third president Thomas Jefferson. In 2000-2001 he chaired the Jefferson-Hemings Scholars Commission. In his 2012 book Master of the Mountain, Jefferson critic Henry Wiencek described Turner as “Jefferson’s chief scholarly defender."
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, The Heterodox Academy, and other professional organizations. He maintained a 4.0 gpa as a graduate student at Stanford in History and Political Science and in the UVA Department of Government and Foreign Affairs and was the first person admitted directly to the UVA academic law doctorate (SJD) program without first being required to earn an LL.M. master’s degree. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of 40. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and other topics.
Topics
Insufficiently Supported Causal Inferences: A Response to Barak-Corren and Tebbe
In November, the Supreme Court heard arguments in Fulton v. City of Philadelphia. That case...
Supreme Court Roundup: October Term 2019 [SCOTUSbrief]
Anastasia P. Boden
While the Supreme Court’s last term included a number of blockbuster decisions, the majority of...
Religious Exemptions and Third-Party Harms
Thomas C. Berg
Note from the Editor: This article discusses the effect that third-party harms should have on religious...
The Libertarian Case for Originalism
Amongst proponents of limited government—be they conservatives or libertarians—originalism is the theory of constitutional interpretation...
Book Review: The Right to Try
Evan D. Bernick
Note from the Editor: This book review discusses the controversial concept of the constitutional “right...
Sebelius v. Hobby Lobby Stores, Inc.
Michael W. McConnell
Note from the Editor: This article is a discussion about the Sebelius v. Hobby Lobby...
Are American Law Schools Failing?: An Exchange Between Brian Tamanaha & Harold See
Harold F. See, Brian Z. Tamanaha
The Collapsing Economics of Legal Education Brian Z. Tamanaha* Introduction Many law schools around the...
Nathan A. Sales Privacy and Civil Liberties Oversight Board Testimony
Nathan A. Sales
Workshop Regarding Surveillance Programs Operated Pursuant to Section 215 of the USA PATRIOT Act and...
Counterterrorism and the Constitution
Austin Lawyers Chapter & the International Law and National Security Practice Group
Austin, TX