Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Judge, Florida Fifth District Court of Appeal
In April 2023, Judge Jordan E. Pratt was commissioned as a member of the Florida Fifth District Court of Appeal following his appointment by Governor Ron DeSantis.
Before joining the court, Judge Pratt worked as senior counsel at First Liberty Institute and served in various roles in state and federal government: as senior counsel in the U.S. Department of Justice, deputy general counsel in the U.S. Small Business Administration, and deputy solicitor general in the Florida Office of the Attorney General. As a deputy solicitor general, he defended significant Florida legislation and executive actions at every level of the state and federal court systems, with successful arguments before the U.S. Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and Florida’s First District Court of Appeal.
Judge Pratt graduated as a co-valedictorian of his undergraduate class at the University of Florida. He then received his J.D., magna cum laude, from the University of Florida College of Law, where he was a law review editor and president of the school’s Federalist Society and Christian Legal Society chapters. During law school, he interned for the Hon. Jeffrey S. Sutton on the U.S. Court of Appeals for the Sixth Circuit.
After his graduation from law school, Judge Pratt served as a law clerk to the Hon. Harvey E. Schlesinger on the U.S. District Court for the Middle District of Florida, Jacksonville Division. He then clerked for the Hon. Jennifer W. Elrod on the U.S. Court of Appeals for the Fifth Circuit.
Judge Pratt has held several fellowships, including an Olin–Searle Fellowship at Florida State University’s College of Law, and has published scholarship in the Tennessee Law Review, the Nebraska Law Review, and the Mississippi Law Journal. He is a member of the Federalist Society for Law & Public Policy Studies, and he has held several leadership roles in the organization, including service as president of its Tallahassee Lawyers Chapter from 2016 to 2019.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Clinical Professor of Law, Dale E. Fowler School of Law, Chapman University
Professor of Law, High Point School of Law
Scott Gaylord directs High Point Law’s Appellate Litigation Clinic and serves as a Professor of Law, teaching Constitutional Law and related upper-level elective courses. The Appellate Clinic works with students to write and file briefs in significant court cases, including appeals before the United States Supreme Court.
Professor Gaylord is a prominent Constitutional Law scholar with an impressive background in both academia and legal practice. He has authored or co-authored 18 substantial law review articles, co-authored a Constitutional Law casebook, and has written more than 35 amicus briefs to the U.S. Supreme Court and federal circuit courts on prominent national cases involving religious liberty and free speech. He is a frequent speaker on constitutional law and First Amendment topics at law schools across the country and has regularly provided commentary on ongoing constitutional issues to national media outlets, including th eNew York Times, USA Today, the Diane Rehm Show, NPR, The National Constitution Center, and Bloomberg Law.
Professor Gaylord also started an appellate advocacy clinic at his former law school and currently serves on the North Carolina Chief Justice’s Commission on Professionalism, along with holding many other service and leadership roles. Prior to joining the academy in 2007, he practiced complex civil and commercial litigation with the Charlotte firm of Robinson Bradshaw & Hinson, and he clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.
Professor Gaylord earned his B.A. in philosophy and English, summa cum laude, from Colgate University, his Ph.D. in philosophy from the University of North Carolina at Chapel Hill, and his J.D. from Notre Dame Law School, where he also graduated summa cum laude.
Caroline Johnson Levine is a former prosecutor and currently practices civil litigation defense in Tampa, Florida.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Why Nineteenth Century Bans on “Sectarian” Aid Are Facially Unconstitutional: New Evidence on Plain Meaning
Robert G. Natelson
Note from the Editor: This article presents original research on the nineteenth century meaning of...
League of Women Voters of Florida v. Scott
Jordan E. Pratt
Which Florida governor—the outgoing or the incoming one—will have the authority to appoint successors for...
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Docket Watch: League of Women Voters of Florida v. Scott
Which Florida governor—the outgoing or the incoming one—will have the authority to appoint successors for...
Colorado Supreme Court Strikes Down Local Fracking Bans
Douglas N. Marsh
In City of Fort Collins v. Colo. Oil and Gas Ass’n1 and City of Longmont v. Colo. Oil...
Masterpiece Cakeshop Inc. and Jack C. Phillips v. Colorado Civil Rights Commission, Charlie Craig, and David Mullins
William E. Trachman
On April 25, 2016, the Colorado Supreme Court declined to hear the appeal of a...
California’s SCA 5 and Racial Preferences in Education
Anthony (Tom) Caso
Note from the Editor: This article is about racial preferences in education, specifically in the...
North Carolina Supreme Court Upholds State-Funded Private School Scholarships For Economically Disadvantaged Students
Scott W. Gaylord
In Hart v. State,1 the North Carolina Supreme Court considered whether the Opportunity Scholarship Program (“OSP”),2 which provided...
Florida Supreme Court Finds Expectation of Privacy for Third Party Disclosures
Caroline Johnson Levine
In Tracey v. Florida, the Florida Supreme Court recently determined that the Fourth Amendment requires police...
Indiana Supreme Court Upholds the Right to Work: Rebuffs an Involuntary Servitude Challenge
Luke A. Wake
In the past few years, four rust-belt states—Ohio, Michigan, Indiana and Wisconsin—have enacted “Right to...
Powers v. State of Wyoming: Separation of Powers and the Role of the Judiciary
Stephen R. Klein
In its 2013 General Session, the Wyoming Legislature passed Senate File 104, or Senate Enrolled...