VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
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).
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
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).
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Erik Money is a third-year law student at the University of St. Thomas School of Law (Minnesota).
Assistant Professor of Law, Capital University Law School
Nathaniel M. Fouch is an Assistant Professor of Law at Capital University Law School in Columbus, Ohio. He previously clerked at every level of the state judiciary, including for Justice Pat DeWine of the Ohio Supreme Court. Professor Fouch was the founding president of both the Dayton Lawyers Chapter of the Federalist Society and the Dayton Catholic Lawyers Guild. He earned his B.A. from Berea College and his J.D. cum laude from the University of St. Thomas School of Law. His work on the Ohio Constitution and state constitutionalism has been cited by the Ohio Supreme Court. Professor Fouch lives in Dayton, Ohio, with his wife, Theresa, and their three young children.
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.
VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
Litigation Update: Mahmoud v. McKnight
Eric Baxter, Emilie Kao
In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts...
Litigation Update: Mahmoud v. McKnight
Eric Baxter, Emilie Kao
In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts...
Litigation Update: Mahmoud v. McKnight
Topics
DC Court of Appeals Holds That Judicial Intervention Is Inappropriate In a Religious Schism
The District of Columbia Court of Appeals recently declined to intervene in a religious dispute...
Topics
35 Naval Special Warfare Soldiers Obtain Preliminary Injunction Against Vaccine Mandate Under the Free Exercise Clause and Religious Freedom Restoration Act
On January 3, Judge Reed O’Connor of the Northern District of Texas preliminarily enjoined Navy...
An Extended Essay on Church Autonomy
Carl H. Esbeck
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
Religious Schools, Collective Bargaining, & the Constitutional Legacy of NLRB v. Catholic Bishop
Alexander T. MacDonald
It would be difficult to find a corner of American labor law more anomalous than...
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...
Credentials Not Required: Why an Employee’s Significant Religious Functions Should Suffice to Trigger the Ministerial Exception
Thomas C. Berg, Erik Money, Nathaniel M. Fouch
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
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...