Sally D. Danforth Distinguished Professor of Law & Religion and, Washington University School of Law
Professor John Inazu's scholarship focuses on the First Amendment freedoms of speech, assembly, and religion, and related questions of legal and political theory. His first book, Liberty's Refuge: The Forgotten Freedom of Assembly (Yale University Press, 2012), seeks to recover the role of assembly in American political and constitutional thought. His second book isConfident Pluralism: Surviving and Thriving Through Deep Difference (University of Chicago Press, 2016). Professor Inazu is a Senior Fellow at the Institute for Advanced Studies in Culture at the University of Virginia. He is the special editor of a volume on law and theology published in Law and Contemporary Problems, and his articles have appeared in a number of law reviews and specialty journals. He has written broadly for mainstream audiences in publications including USA Today, CNN, the Hedgehog Review, and the Washington Post.
Professor Inazu was the law school's 2014 David M. Becker Professor of the Year. Prior to joining the law faculty, he was a visiting assistant professor at Duke University School of Law and a Royster Fellow at the University of North Carolina at Chapel Hill. He clerked for Judge Roger L. Wollman of the U.S. Court of Appeals for the Eighth Circuit and served for four years as an associate general counsel with the Department of the Air Force at the Pentagon.
Warren Distinguished Professor of Law; Co-Executive Director, Institute for Law & Religion; Co-Executive Director, Institute for Law & Philosophy, University of San Diego School of Law
Steven D. Smith, J.D. Yale 1979, B.A. BYU 1976, is a Warren Distinguished Professor of Law at the University of San Diego, and Co-Director of that university's Institute for Law and Religion. Before moving to San Diego, he was the Robert and Marion Short Professor at Notre Dame Law School and the Byron R. White Professor of Law at the University of Colorado.
Professor Smith's first book, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (Oxford 1995), critically examines both the standard historical and normative accounts of religious freedom. This examination is continued in his most recent book, The Rise and Decline of American Religious Freedom (Harvard 2014), which offers a "revised account" in contrast to the standard story of religious freedom in this country. Recently described as a kind of "conservative Crit," Professor Smith has offered critical analyses of more general philosophical and jurisprudential themes in Law's Quandary (Harvard 2004) and The Disenchantment of Secular Discourse (Harvard 2010).
Professor of Law, University of Arizona James E. Rogers College of Law
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
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.
Adjunct Professor, George Washington University Law School
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Republican Speaker of the Wisconsin Assembly
Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
David A. Cortman, Esq., serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He joined ADF in 2005 and currently supervises a team of nearly 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family.
Cortman has successfully litigated over 200 constitutional law cases in both federal and state court at all levels. He has also litigated several U.S. Supreme Court cases, including arguing before the Court in Reed v. Town of Gilbert, which resulted in a 9-0 victory, with the Court holding that the government could not discriminate against religious speech while favoring political speech. He served as lead counsel in Trinity Lutheran Church of Columbia v. Pauley, which was decided in the Church's favor. He has also served as lead or co-counsel in victories at the high court in Conestoga Wood Specialties v. Burwell, successfully challenging the U.S. Department of Health and Human Services abortion pill mandate that forces employers to provide healthcare coverage that includes abortion-inducing drugs in violation of their religious convictions; Town of Greece v. Galloway, successfully defending the freedom of Americans to pray at public meetings.
Cortman earned his J.D. from Regent University School of Law in 1996, graduating magna cum laude. He is a member of the state bar in Georgia, Florida, Arizona, and the District of Columbia, and is admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. He also teaches legal courses on the First Amendment and civil rights litigation.
Author, Sharia-ism Is Here: The Battle to Control Women and Everyone Else
Joy Brighton is a former Wall Street trader who today is part of an international team of experts concerned about the non-transparent risks of the Shariah-compliant Islamic finance investment market. She speaks with legal, policy, grassroots, and legislative leaders who are concerned about the challenge to America's national security, civil and women's rights, First Amendment freedoms, and free capital financial markets posed by Shariaism, the political movement of radical Islam. She is the author of Shariaism is Here: The Battle for Control of Women and Everyone Else, released January 2014.
Ms. Brighton is a graduate of Columbia Business School and has been a fixed-income salesperson and trader for Lehman Brothers, a mortgage pipeline hedge trader for Chase Home Mortgage, and an adjunct Professor of Securities and Investments at Fairleigh Dickinson University and Ramapo College. Later, as a graduate of Fordham University with a Master's in Psychological Counseling, Ms. Brighton worked as an executive coach catering to investment professionals and a college mental health counselor.
District Judge, United States District Court, Northern District of Texas
Matthew J. Kacsmaryk serves as United States District Judge for the Northern District of Texas.
He previously served in the (1) private, (2) government, and (3) nonprofit sectors:
Judge Kacsmaryk is an Honors graduate of the University of Texas Law School, where he joined the Federalist Society and served as an Executive Editor of the Texas Review of Law & Politics. Judge Kacsmaryk co-founded the Fort Worth Lawyers Chapter in 2012, coordinated the 2018 Texas Chapters Conference hosted by the Fort Worth Lawyers Chapter, and presently serves on its Advisory Board.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Sally D. Danforth Distinguished Professor of Law & Religion and, Washington University School of Law
Professor John Inazu's scholarship focuses on the First Amendment freedoms of speech, assembly, and religion, and related questions of legal and political theory. His first book, Liberty's Refuge: The Forgotten Freedom of Assembly (Yale University Press, 2012), seeks to recover the role of assembly in American political and constitutional thought. His second book isConfident Pluralism: Surviving and Thriving Through Deep Difference (University of Chicago Press, 2016). Professor Inazu is a Senior Fellow at the Institute for Advanced Studies in Culture at the University of Virginia. He is the special editor of a volume on law and theology published in Law and Contemporary Problems, and his articles have appeared in a number of law reviews and specialty journals. He has written broadly for mainstream audiences in publications including USA Today, CNN, the Hedgehog Review, and the Washington Post.
Professor Inazu was the law school's 2014 David M. Becker Professor of the Year. Prior to joining the law faculty, he was a visiting assistant professor at Duke University School of Law and a Royster Fellow at the University of North Carolina at Chapel Hill. He clerked for Judge Roger L. Wollman of the U.S. Court of Appeals for the Eighth Circuit and served for four years as an associate general counsel with the Department of the Air Force at the Pentagon.
Warren Distinguished Professor of Law; Co-Executive Director, Institute for Law & Religion; Co-Executive Director, Institute for Law & Philosophy, University of San Diego School of Law
Steven D. Smith, J.D. Yale 1979, B.A. BYU 1976, is a Warren Distinguished Professor of Law at the University of San Diego, and Co-Director of that university's Institute for Law and Religion. Before moving to San Diego, he was the Robert and Marion Short Professor at Notre Dame Law School and the Byron R. White Professor of Law at the University of Colorado.
Professor Smith's first book, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (Oxford 1995), critically examines both the standard historical and normative accounts of religious freedom. This examination is continued in his most recent book, The Rise and Decline of American Religious Freedom (Harvard 2014), which offers a "revised account" in contrast to the standard story of religious freedom in this country. Recently described as a kind of "conservative Crit," Professor Smith has offered critical analyses of more general philosophical and jurisprudential themes in Law's Quandary (Harvard 2004) and The Disenchantment of Secular Discourse (Harvard 2010).
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
School Vouchers: Beyond the Industrial Age of Education
Nashville, TennesseeThe Rise and Decline of American Religious Freedom - Podcast
John Inazu, Steven Douglas Smith
Familiar accounts of religious freedom in the United States often tell a story of visionary...
The Rise and Decline of American Religious Freedom
Religious Liberties Practice Group Teleforum
TeleforumThe First Amendment, Second Amendment, and 3D-Printed Guns
Campaign Finance Regulation in Wisconsin: The Law as It was, is, should be, and will be
Milwaukee, WisconsinCANCELLED: Behind the Scenes of Reed v. Town of Gilbert
DallasCreeping Sharia-ism or Free Exercise of Religion: Islamic Law in America
Irvine, CaliforniaJudicial Campaign Fundraising and the Supreme Court: Williams-Yulee v. The Florida Bar - Podcast
Erik S. Jaffe, Edward Whelan
On Tuesday, January 20, the Supreme Court heard argument in Williams-Yulee v. The Florida Bar,...
Judicial Campaign Fundraising and the Supreme Court: Williams-Yulee v. The Florida Bar
TeleforumA Sign of Things to Come?: Reed v. Town of Gilbert - Podcast
Hans A. Von Spakovsky
On January 12, 2015, the U.S. Supreme Court heard oral argument in Reed v. Town...