Judge, United States Court of Appeals, Ninth Circuit
Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Judge, United States Court of Appeals, Ninth Circuit
Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
William S. Boyd Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law
Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Professor Griffin, who teaches constitutional law, is known for her interdisciplinary work in law and religion. She holds a Ph.D. in Religious Studies from Yale University and a J.D. from Stanford Law School. She is author of the Foundation Press casebook Law and Religion: Cases and Materials (5th edition, 2022) with Andrew L. Seidel. Practicing Bioethics Law (2d ed. 2021) is co-authored with Joan H. Krause, Dan K. Moore Distinguished Professor of Law at the University of North Carolina School of Law. She and University of Pennsylvania Professor Marci Hamilton published Learning Constitutional Law (Cognella Press, 2023).
She wrote the recent book chapter, Bambi Trauma—Surviving TBI Twice, in Traumatic Brain Injury—Challenges (Dr. Ioannis Mavroudis & Alin Ciobica, eds., IntechOpen, 2024), https://www.intechopen.com/online-first/1179800#. And Catholic Sexual Abuse in Louisiana is in the University of Detroit Mercy Law Review, volume 101, p. 375 (2024).
Another article is What Did Those Sixteen Justices Say?, 58 Willamette L. Rev. 163 (2022). A book chapter entitled Rewritten Opinion, Means v. United States Conference of Catholic Bishops, is in the book Feminist Judgments: Rewritten Health Law Opinions (S. Mohapatra & L. Wiley, eds., Cambridge University Press, 2022). Other recent articles include What is Ethical Discharge?, 10:3 Narrative Inquiry in Bioethics 193 (2020); What Can We Expect of Law and Religion in 2020?, 79 SMU L. Rev. F. 73 (2020); Traumatic Brain Injury: Compassionate Care, Not Clinical Nihilism, 6:2 Journal of Hospital Ethics 87 (Fall 2019) (with Carole S. Anhalt); Conquering Brain Injury, 34:5 Journal of Head Trauma Rehabilitation 366 (2019), Religious Freedom, Human Rights, and Peaceful Coexistence, 50 Loyola University Chicago Law Journal 77 (2018), Pre-or Post Mortem?, 18 Nevada Law Journal 221 (2017). Her rewritten opinion about the abortion funding case, Harris v. McRae, 448 U.S. 297 (1980), is in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (L. Berger, B. Crawford & K. Stanchi, eds., Cambridge University Press, 2016).
Griffin has written numerous amicus briefs defending children's and employees' religious freedom. She blogs for Justia's Verdict column, and posts occasionally on Petrie-Flom’s health law blog.
Other writings include Marriage Rights and Religious Exemptions in the United States, Oxford Handbooks Online (2017), Beyond the Basketball Court: How Brittney Griner’s In My Skin Illustrates Title IX’s Failure to Protect LGBT Athletes at Religious Institutions, 34 Law and Inequality 489 (2016), A Word of Warning from A Woman: Arbitrary, Categorical, and Hidden Religious Exemptions Threaten LGBT Rights, 7 Ala. C.R. & C.L.L. Rev. 97 (2015), and The Catholic Bishops vs. the Contraceptive Mandate, Religions 2015, 6, 1411–1432.
Associate Vice President & Associate Legal Director, Americans United for Separation of Church and State
Alex Luchenitser is the Associate Vice President & Associate Legal Director at Americans United for Separation of Church and State.
Alex has litigated church-state cases throughout the country for Americans United since January 2001. He has led lawsuits challenging religious proselytization of students in public schools, public funding of religious institutions, discriminatory governmental prayer practices, and government-sponsored religious displays. His successful cases include:
Alex has also authored and edited numerous friend-of-the-court briefs filed on behalf of Americans United. After the Covid-19 pandemic began, Alex led Americans United’s efforts to fight lawsuits that sought religious exemptions from public-health orders, filing fifty friend-of-the-court briefs in such cases around the country, including six in the U.S. Supreme Court.
Alex was born in Kyiv, Ukraine, in 1969 and immigrated to the United States in 1977. He received his bachelor’s degree magna cum laude in government and economics from Harvard University in 1991, and he received his Juris Doctor with distinction from Stanford Law School in 1994. After finishing law school, Alex served two one-year judicial clerkships, with Justice Warren W. Matthews Jr. of the Alaska Supreme Court and U.S. Magistrate Judge Wayne D. Brazil of the U.S. District Court for the Northern District of California. Alex then spent four years in private practice in Northern California, participating in the prosecution of class actions on behalf of investors, consumers, and trust beneficiaries.
Alex has spoken about church-state issues in many television and radio appearances and public presentations and has been quoted in numerous major newspapers. His published articles include:
Alex is an active member of the District of Columbia Bar, is an inactive member of the State Bar of California, and has been admitted to practice before the U.S. Supreme Court; the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits; and the U.S. District Courts for the District of Columbia, the Northern District of California, the District of Colorado, the Eastern District of Michigan, and the Eastern District of Wisconsin.
Associate Attorney, Gibson, Dunn & Crutcher LLP
Branton Nestor is an associate in the Orange County office of Gibson Dunn. He practices in the firm’s Litigation Department and is a member of the firm’s Appellate and Constitutional Law Practice Group.
Branton has represented clients in appellate, regulatory, and complex litigation matters across various industries. His experience spans a wide range of subject matters, including constitutional law and administrative law.
He clerked for Judge Diarmuid F. O’Scannlain on the U.S. Court of Appeals for the Ninth Circuit, and Judge Julius N. Richardson on the U.S. Court of Appeals for the Fourth Circuit. He graduated from Harvard Law School in 2019, and Westmont College in 2016. His scholarship has been cited at the U.S. Supreme Court.
Branton is a member of the California bar.
Counsel, Becket Fund for Religious Liberty
Amanda Salz is counsel at the Becket Fund for Religious Liberty, where her practice focuses on First Amendment litigation at both the trial and appellate levels. She is also a member of the Federalist Society’s Religious Liberties Executive Committee.
Before joining Becket, Amanda worked as an associate at Morgan, Lewis & Bockius LLP. As a member of the firm’s appellate group, Amanda litigated many cases involving constitutional and administrative issues. In addition to her experience in private practice, Amanda clerked for the Honorable Andrew S. Oldham of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Reed C. O’Connor of the U.S. District Court for the Northern District of Texas.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
William S. Boyd Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law
Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Professor Griffin, who teaches constitutional law, is known for her interdisciplinary work in law and religion. She holds a Ph.D. in Religious Studies from Yale University and a J.D. from Stanford Law School. She is author of the Foundation Press casebook Law and Religion: Cases and Materials (5th edition, 2022) with Andrew L. Seidel. Practicing Bioethics Law (2d ed. 2021) is co-authored with Joan H. Krause, Dan K. Moore Distinguished Professor of Law at the University of North Carolina School of Law. She and University of Pennsylvania Professor Marci Hamilton published Learning Constitutional Law (Cognella Press, 2023).
She wrote the recent book chapter, Bambi Trauma—Surviving TBI Twice, in Traumatic Brain Injury—Challenges (Dr. Ioannis Mavroudis & Alin Ciobica, eds., IntechOpen, 2024), https://www.intechopen.com/online-first/1179800#. And Catholic Sexual Abuse in Louisiana is in the University of Detroit Mercy Law Review, volume 101, p. 375 (2024).
Another article is What Did Those Sixteen Justices Say?, 58 Willamette L. Rev. 163 (2022). A book chapter entitled Rewritten Opinion, Means v. United States Conference of Catholic Bishops, is in the book Feminist Judgments: Rewritten Health Law Opinions (S. Mohapatra & L. Wiley, eds., Cambridge University Press, 2022). Other recent articles include What is Ethical Discharge?, 10:3 Narrative Inquiry in Bioethics 193 (2020); What Can We Expect of Law and Religion in 2020?, 79 SMU L. Rev. F. 73 (2020); Traumatic Brain Injury: Compassionate Care, Not Clinical Nihilism, 6:2 Journal of Hospital Ethics 87 (Fall 2019) (with Carole S. Anhalt); Conquering Brain Injury, 34:5 Journal of Head Trauma Rehabilitation 366 (2019), Religious Freedom, Human Rights, and Peaceful Coexistence, 50 Loyola University Chicago Law Journal 77 (2018), Pre-or Post Mortem?, 18 Nevada Law Journal 221 (2017). Her rewritten opinion about the abortion funding case, Harris v. McRae, 448 U.S. 297 (1980), is in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (L. Berger, B. Crawford & K. Stanchi, eds., Cambridge University Press, 2016).
Griffin has written numerous amicus briefs defending children's and employees' religious freedom. She blogs for Justia's Verdict column, and posts occasionally on Petrie-Flom’s health law blog.
Other writings include Marriage Rights and Religious Exemptions in the United States, Oxford Handbooks Online (2017), Beyond the Basketball Court: How Brittney Griner’s In My Skin Illustrates Title IX’s Failure to Protect LGBT Athletes at Religious Institutions, 34 Law and Inequality 489 (2016), A Word of Warning from A Woman: Arbitrary, Categorical, and Hidden Religious Exemptions Threaten LGBT Rights, 7 Ala. C.R. & C.L.L. Rev. 97 (2015), and The Catholic Bishops vs. the Contraceptive Mandate, Religions 2015, 6, 1411–1432.
Associate Vice President & Associate Legal Director, Americans United for Separation of Church and State
Alex Luchenitser is the Associate Vice President & Associate Legal Director at Americans United for Separation of Church and State.
Alex has litigated church-state cases throughout the country for Americans United since January 2001. He has led lawsuits challenging religious proselytization of students in public schools, public funding of religious institutions, discriminatory governmental prayer practices, and government-sponsored religious displays. His successful cases include:
Alex has also authored and edited numerous friend-of-the-court briefs filed on behalf of Americans United. After the Covid-19 pandemic began, Alex led Americans United’s efforts to fight lawsuits that sought religious exemptions from public-health orders, filing fifty friend-of-the-court briefs in such cases around the country, including six in the U.S. Supreme Court.
Alex was born in Kyiv, Ukraine, in 1969 and immigrated to the United States in 1977. He received his bachelor’s degree magna cum laude in government and economics from Harvard University in 1991, and he received his Juris Doctor with distinction from Stanford Law School in 1994. After finishing law school, Alex served two one-year judicial clerkships, with Justice Warren W. Matthews Jr. of the Alaska Supreme Court and U.S. Magistrate Judge Wayne D. Brazil of the U.S. District Court for the Northern District of California. Alex then spent four years in private practice in Northern California, participating in the prosecution of class actions on behalf of investors, consumers, and trust beneficiaries.
Alex has spoken about church-state issues in many television and radio appearances and public presentations and has been quoted in numerous major newspapers. His published articles include:
Alex is an active member of the District of Columbia Bar, is an inactive member of the State Bar of California, and has been admitted to practice before the U.S. Supreme Court; the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits; and the U.S. District Courts for the District of Columbia, the Northern District of California, the District of Colorado, the Eastern District of Michigan, and the Eastern District of Wisconsin.
Associate Attorney, Gibson, Dunn & Crutcher LLP
Branton Nestor is an associate in the Orange County office of Gibson Dunn. He practices in the firm’s Litigation Department and is a member of the firm’s Appellate and Constitutional Law Practice Group.
Branton has represented clients in appellate, regulatory, and complex litigation matters across various industries. His experience spans a wide range of subject matters, including constitutional law and administrative law.
He clerked for Judge Diarmuid F. O’Scannlain on the U.S. Court of Appeals for the Ninth Circuit, and Judge Julius N. Richardson on the U.S. Court of Appeals for the Fourth Circuit. He graduated from Harvard Law School in 2019, and Westmont College in 2016. His scholarship has been cited at the U.S. Supreme Court.
Branton is a member of the California bar.
Counsel, Becket Fund for Religious Liberty
Amanda Salz is counsel at the Becket Fund for Religious Liberty, where her practice focuses on First Amendment litigation at both the trial and appellate levels. She is also a member of the Federalist Society’s Religious Liberties Executive Committee.
Before joining Becket, Amanda worked as an associate at Morgan, Lewis & Bockius LLP. As a member of the firm’s appellate group, Amanda litigated many cases involving constitutional and administrative issues. In addition to her experience in private practice, Amanda clerked for the Honorable Andrew S. Oldham of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Reed C. O’Connor of the U.S. District Court for the Northern District of Texas.
Attorney, Pacific Legal Foundation
Allison Daniel is an attorney at Pacific Legal Foundation, focusing on cases in which she can help restore the separation of powers between the branches of government and prevent federal agencies from creating laws through regulatory action. Her commitment to liberty began with an interest in politics and philosophy in high school and college. She was particularly inspired by Ron Paul and the works of Friedrich Hayek, Murray Rothbard, and Ayn Rand.
She received her law degree from the Florida State University College of Law, where she served as president of the Federalist Society chapter. She worked as a law clerk for Pacific Legal Foundation in the Sacramento office during her 1L summer. After law school, she joined the Institute for Justice as a staff attorney in the Florida office, where she defended the economic liberty and property rights of clients. Family commitments then led her to Ohio, where she clerked at the Ohio Court of Appeals and served as legal counsel to all statewide elected officeholders at the Ohio Attorney General’s Office.
She resides in Southwest Ohio with her husband and their four young children.
Of Counsel, Holtzman Vogel
Erielle Azerrad is Of Counsel with Holtzman Vogel and focuses her practice on commercial litigation, appellate law, and constitutional law matters.
Prior to joining the firm, Erielle clerked for the Honorable Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit.
Erielle is also a co-founder of the Center for the Middle East and International Law through the Antonin Scalia Law School at George Mason University.
Vice President and Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
Jennifer B. Dickey is vice president and deputy chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Dickey handles a variety of litigation matters for the Chamber.
Dickey joined the Chamber following her service as Acting Assistant Attorney General and Principal Deputy Assistant Attorney General in the Civil Division at the U.S. Department of Justice. She also previously served as Deputy Associate Attorney General, providing strategic oversight of the Civil Division, Civil Rights Division, and Foreign Claims Settlement Commission, as well as Special Assistant to the President and Associate Counsel to the President. In the latter capacity, she provided legal advice on a wide array of executive actions and rulemakings, civil litigation, and judicial nominations.
Dickey also practiced law at Kirkland & Ellis LLP before her government service. She was a commercial and appellate litigator, representing businesses in federal and state courts.
Earlier in her career, Dickey served as a law clerk for the Honorable Clarence Thomas of the Supreme Court of the United States and the Honorable William H. Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit.
Dickey earned her law degree magna cum laude from Duke University School of Law, where she was an Executive Editor of the Duke Law Journal, and her undergraduate degree magna cum laude from Dartmouth College.
Associate, Gibson, Dunn & Crutcher LLP
Elizabeth A. Kiernan is a senior associate in the Appellate and Constitutional Law Practice Group at Gibson, Dunn & Crutcher, representing clients in their most consequential, high-stakes, and time-sensitive matters. Elizabeth specializes in appellate advocacy and sophisticated briefing. She has successfully argued before the Fifth Circuit and Texas Supreme Court and has supported arguments in various courts, including the U.S. Supreme Court and courts across the country.
Elizabeth’s most significant victories include obtaining and preserving at the Texas Supreme Court writs of mandamus directing dismissal of billions of dollars in personal injury and property damage claims across a 200-case, 20,000-plaintiff MDL; securing a landmark U.S. Supreme Court victory allowing an insurer responsible for millions of dollars in bankruptcy claims to be heard on objections to its insureds’ plan of reorganization; and persuading a unanimous Fifth Circuit panel to uphold dismissal of over $12 million in contractual and tort claims.
Chambers and Partners recently named Elizabeth an “Associate to Watch” for Litigation: Appellate (Texas), and she has been recognized as an Appellate “Rising Star” by Thomson Reuters’s Texas Super Lawyers magazine.
Prior to joining Gibson Dunn, Elizabeth earned her B.A. summa cum laude from the University of Alabama and her J.D. with Honors from the University of Chicago Law School. She served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and the Honorable William H. Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit. She also served as Special Counsel to U.S. Senator Josh Hawley for the confirmation of Justice Amy Coney Barrett.
Counsel to the Assistant Attorney General, Civil Division, U.S. Department of Justice
Sarah Welch is an associate in the Firm's Issues & Appeals Practice based in the Cleveland Office of Jones Day.
Ms. Welch's practice focuses on appellate advocacy and significant motions. Before joining Jones Day, she served as a law clerk to the Associate Justice Brett M. Kavanaugh of the Supreme Court of the United States, the Honorable William H. Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit, and the Honorable Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit.
During law school, Ms. Welch participated in briefing cases before the Supreme Court and federal courts of appeals through The University of Chicago Law School's Supreme Court and appellate clinic, as well as through internships with the Ohio and United States solicitors general. She volunteers on the case committee for Ohio's high school mock trial competition.
Partner, Gibson, Dunn & Crutcher LLP
Morgan Ratner is an experienced appellate advocate and legal-issues specialist who handles the most important cases around the country. She has argued ten cases before the U.S. Supreme Court, where she has had remarkable success at both the certiorari and merits stages.
Morgan regularly briefs and argues appeals and dispositive motions; provides strategic guidance for trial and administrative proceedings; and counsels clients confronting high-stakes legal issues. She has had particular success helping clients navigate—and, when appropriate, challenge—federal regulations. In the last 18 months, she has twice been named The American Lawyer’s “Litigator of the Week” (and her matters have been named three times more), including for prevailing in a landmark Delaware corporate-governance dispute and striking down the FCC’s net-neutrality rules. The American Lawyer named her the 2024 “Young Lawyer of the Year — Litigation”, and Law360 recently profiled her as one of “12 Lawyers Who Are The Future Of The Supreme Court Bar.”
Morgan served for more than four years in the Office of the Solicitor General at the U.S. Department of Justice, where she argued securities regulation, bankruptcy, employment, and intellectual property cases before the U.S. Supreme Court. During her tenure, she also filed more than 150 Supreme Court briefs at the merits and certiorari stages and received a John Marshall Award, DOJ’s highest award offered to lawyers for exceptional service to the Office of the Solicitor General and DOJ.
After graduating Harvard Law School—where she was awarded the Fay Diploma as the top student in her class—Morgan clerked for Chief Justice John G. Roberts, Jr. of the U.S. Supreme Court and then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. She is a member of the Edward Coke Appellate Inn of Court, a volunteer with Street Law, Inc., and a trustee of the Supreme Court Historical Society.
Judge, United States Court of Appeals, Ninth Circuit
Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Associate Professor & Director, Constitutional Government Initiative, Wheatley Institute, Brigham Young University
James C. Phillips is the Constitutional Government Initiative Director and an associate professor at BYU’s Wheatley Institute. He is also a fellow with the UC-Berkeley School of Law’s Public Law and Policy Program and an academic affiliate with the D.C.-based law firm Schaerr|Jaffe. His scholarship has been cited by judges around the country, including at the U.S. Supreme Court, and has been covered in various media outlets, including the New York Times Magazine, USA Today, Reuters, CNN, and Fox News. He is a member of the Executive Committee of the Federalist Society's Religious Liberty Practice Group and the J. Reuben Clark Law Society Religious Liberty Committee.
Prior to joining Wheatley, Phillips was associate professor of law at Chapman University’s Fowler School of Law, where he taught Constitutional Law, Religion and the Constitution, Civil Procedure, Family Law, and Professional Responsibility and was named 1L Professor of the Year. Dr. Phillips has taught Administrative Law at BYU’s J. Reuben Clark Law School, where he also helped conceive and design the Corpus of Founding-Era American English. He was also a Non-resident Fellow with Stanford Law School’s Constitutional Law Center.
Dr. Phillips has published dozens of academic articles, primarily in law journals, but also communications, business, and history journals. His longer pieces have been published in, for example, the University of Pennsylvania Law Review, the Southern California Law Review, and the Harvard Journal of Law and Public Policy, and his shorter articles have been published in journals such as the Yale Law Journal Forum and the Duke Law Journal Online. Dr. Phillips has also written op-eds on constitutional issues for Newsweek, The Atlantic, the Los Angeles Times, the Orange County Register, Deseret News, and National Review.
Prior to his university posts, Dr. Phillips practiced law as a Constitutional Law Fellow for the Becket Fund for Religious Liberty and an associate for Kirton | McConkie. He has worked on dozens of cases at the U.S. Supreme Court, as well as cases in federal and state courts throughout the country. He is a member of the bar in Utah and D.C. He clerked for Judge Thomas B. Griffith on the U.S. Court of Appeal for the D.C. Circuit and for Justice Thomas R. Lee on the Utah Supreme Court. Dr. Phillips earned his JD, Order of the Coif, from UC-Berkeley’s School of Law, where he was a member of the California Law Review. He also has a PhD in Jurisprudence & Social Policy from UC-Berkeley, an M.A. in Mass Communication from BYU, and a B.A. in History from Arizona State University.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Fellow, Ethics and Public Policy Center
Rachel N. Morrison is an attorney and Fellow at the Ethics and Public Policy Center, where she directs EPPC’s Administrative State Accountability Project. Her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights.
Before joining EPPC, Ms. Morrison served as an Attorney Advisor and Special Assistant to General Counsel Sharon Fast Gustafson at the Equal Employment Opportunity Commission (EEOC), where she focused on religious discrimination issues and was a member of the General Counsel’s Religious Discrimination Work Group. Before that, she served as Litigation Counsel for Americans United for Life and as a Constitutional Law Fellow at the Becket Fund for Religious Liberty, defending the right to life and religious freedom for all. She also clerked on the U.S. Court of Federal Claims.
Ms. Morrison’s legal analysis has been published in the Seton Hall Law Review, the Pepperdine Law Review, and the Ave Maria Law Review, as well as various other print media outlets.
Ms. Morrison earned her J.D., magna cum laude, from the Pepperdine University School of Law, where she was elected to the Order of the Coif and served as an editor for the Pepperdine Law Review and the Harvard Journal of Law & Public Policy. She received her B.A. in Mathematics and Speech Communication, summa cum laude, from Whitworth University (Spokane, WA). She is a member of the District of Columbia and the Washington State bars.
Ms. Morrison lives with her husband and daughter in Virginia.
Attorney and Activist, Private Practice
Eddie Tabash is a lawyer in Los Angeles. He practices constitutional law, criminal defense, and real property law. He graduated magna cum laude from UCLA in 1973, with a bachelor’s degree in political science. He graduated from Loyola Law School of Los Angeles in 1976, with a juris doctorate. He is in his 28th year as a member of the board of trustees of Americans United for Separation of Church and State. Since 2012, he has chaired the board of directors of the secular humanist/scientific skeptic organization, the Center for Inquiry. His father was a rabbi, having been ordained in Lithuania prior to World War II. His mother was an Auschwitz survivor from Hungary. Tabash has done extensive work involving the religion clauses of the First Amendment. He is an atheist dedicated to preserving legal equality for both believers and nonbelievers. Tabash maintains that the proper interpretation of the First Amendment requires that government cannot, in the words of Justice Sandra Day O’Connor, treat people differently, based on the God or gods they worship or do not worship.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
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