Shareholder, Kirton McConkie
Christopher Bates is co-chair of the firm’s Appellate section and a member of the Litigation and First Amendment and Religious Organizations sections. His practice focuses on appeals and critical motions in complex cases. He has argued dozens of cases in courts across the country, including the Utah Supreme Court, Utah Court of Appeals, and eleven of the thirteen federal circuits. He has also handled a variety of dispositive motions in both state and federal court. Chris’s subject matter experience includes a range of constitutional, regulatory, and commercial issues.
Chris has significant experience in senior positions in both state and federal government. Before joining Kirton McConkie, Chris served as deputy solicitor general for Utah. In that position, he managed complex ligation for the state on a range of topics and routinely appeared in both appellate and trial courts. He also led the state’s amicus efforts in the U.S. Supreme Court and federal courts of appeals. Prior to that, Chris served as senior counsel to the Assistant Attorney General for the Civil Division at the U.S. Department of Justice, where he defended agency rulemakings and other administrative actions against statutory and constitutional challenges.
Earlier in his career, Chris was chief counsel to U.S. Senator Orrin G. Hatch on the Senate Judiciary Committee. In that role, he served as Senator Hatch’s chief legal advisor on intellectual property, antitrust, and criminal law. He led introduction and passage of several key pieces of legislation and staffed the senator at two Supreme Court confirmation hearings. He brings this legislative experience to bear in analyzing complex statutes and building coalitions in multiparty litigation.
Chris began his career by serving as a law clerk to Judge Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. He was then a litigation associate in Sidley Austin’s Supreme Court and Appellate Practice in Washington, DC. He has also taught college-level courses on constitutional law and legal studies.
Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Associate Clinical Professor and Director of the Lindsay and Matt Moroun Religious Liberty Clinic, Notre Dame Law School
John Meiser is an associate clinical professor of law and the director of the Law School's Lindsay and Matt Moroun Religious Liberty Clinic. He researches and teaches courses focused on religious liberty, litigation practice, and federal courts.
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.
Senior Counsel, Director of Center for Academic Freedom, Alliance Defending Freedom
Tyson Langhofer serves as senior counsel and director of the Center for Academic Freedom with Alliance Defending Freedom.
Langhofer represents students and faculty at public high schools and colleges in defending their First Amendment rights. For example, in Denton v. Hecht, he successfully defended a Florida State University student after he was removed as Student Senate President simply for sharing his Catholic views in a private group chat. In Cross v. Loudoun County Public Schools, he successfully defended an elementary school gym teacher after the school suspended him for peacefully sharing his views on a proposed policy at a public school board meeting.
Langhofer has extensive experience in civil litigation and constitutional law. Before joining ADF, Langhofer was a partner with Stinson LLP, where he worked as a commercial litigation attorney from 2000 until he joined ADF in 2015.
Langhofer is Peer Review Rated AV® Preeminent in Martindale-Hubbell. He is a sought-after speaker on legal and cultural issues. He regularly comments on free speech issues in television, radio, and print media. He has appeared as a guest and written pieces for numerous major media outlets, including The Washington Post, The Washington Times, USA Today, Townhall, The Federalist, and The Daily Wire.
Langhofer earned his Juris Doctor from Regent University School of Law in 1999, graduating cum laude. Langhofer is admitted to practice in multiple states, the Supreme Court, and numerous federal district and appellate courts.
Vice President of Domestic and Economic Policy, The Heritage Foundation
Roger Severino is Vice President of Economic and Domestic Policy, and the Joseph C. and Elizabeth A. Anderlik Fellow at The Heritage Foundation.
Severino is a national authority on civil rights, conscience and religious freedom, the administrative state, and information privacy, particularly as applied to health care law and policy. Find his tweets at @RogerSeverino_.
Severino spearheaded the HHS Accountability Project while a Senior Fellow at EPPC from 2021 to 2023. Previously, Severino was Director of HHS’ Office for Civil Rights, where he led a team of over 250 staff enforcing our nation’s civil rights, conscience and religious freedom, and health information privacy laws. He served from 2017 to 2021 and was the longest-serving OCR director of the past three decades.
Prior to joining HHS, Severino served for two years as Director of the DeVos Center for Religion and Civil Society at Heritage, advocating for life, family, and religious-freedom policies. Before that, he was a trial attorney for seven years at the U.S. Department of Justice’s Civil Rights Division where he enforced the Fair Housing Act and the Civil Rights Act of 1964. Severino started his legal career at the Becket Fund for Religious Liberty, where he was Legal Counsel and Chief Operations Officer and defended the rights of people of all faiths under federal and international law.
Severino has been profiled in The New York Times, The Atlantic, The Wall Street Journal, and The Hill and has appeared on Fox News, CNN, MSNBC, NPR, and PBS, among others. In 2020, The New York Times dubbed him and his wife Carrie, “a conservative power couple” to be reckoned with.
Severino holds a JD from Harvard Law School, a master’s degree in public policy, with highest distinction, from Carnegie Mellon University, and a bachelor’s degree in business from the University of Southern California. He was appointed by President Trump to the Administrative Conference of the United States and is a member of the District of Columbia and the Commonwealth of Virginia bars.
As OCR director, Severino founded the federal government’s first division dedicated exclusively to conscience and religious freedom compliance and enforcement. He enforced the Weldon Amendment for the first time against a state (California) after it coerced families and religious organizations into paying for abortion insurance coverage, leading to a $200 million federal funding disallowance. He also enforced laws protecting pro-life pregnancy resource centers from discrimination by states hostile to their message and enforced laws prohibiting forced participation in abortions by medical professionals.
With respect to civil rights, Severino protected older persons and people with disabilities from being denied life-saving care due to discriminatory “quality of life” judgments, especially during the COVID-19 pandemic. He also achieved a landmark sexual harassment resolution with Michigan State University in the wake of the Larry Nassar sexual assault scandal and protected the rights of non-English speakers to have equal access to health and human services.
In the area of health privacy, he secured the largest HIPAA monetary settlement in history and achieved the largest number of enforcement resolutions both in a single year and across four years. He also facilitated the transformational use of Skype, Zoom, and Facetime for delivery of telehealth during the COVID-19 pandemic and beyond.
His regulatory reform activities resulted in a comprehensive conscience protection regulation and proposed a life-affirming disability rights regulation. He achieved regulatory savings of $3.6 billion in health care industry costs over five years and identified and proposed an additional $3.2 billion in cost savings from the repeal of ineffective and unnecessary regulatory burdens.
Severino is a Spanish speaker who teaches salsa and west coast swing in his spare time.
Justice, Texas First Court of Appeals
Susanna Dokupil was elected to the First Court of Appeals in November 2024. With over two decades of experience, Susanna’s career has spanned all three branches of government as well as private practice. She has been a Special Counsel and Assistant Solicitor General in the Office of the Attorney General of Texas as well as a Special Counsel to the United States Senate Judiciary Committee and a law clerk to the Hon. Jerry Smith on the U.S. Court of Appeals for the Fifth Circuit.
In her role as Special Counsel at the Texas Attorney General’s office, Susanna led teams of litigators focused on protecting Texas’s interests against agency regulations that exceeded the agency’s statutory and constitutional power. As an Assistant Solicitor General, she drafted briefs before the Fifth Circuit and United States Supreme Court, primarily focused on First Amendment issues. Susanna’s experience in private practice has combined traditional commercial litigation with advising technology companies and founders on strategic communications.
Susanna has been a prolific speaker and writer on law and public policy topics, including articles in The Harvard Journal of Law & Public Policy, The Texas Review of Law & Politics, American Enterprise, the Washington Times, and the Houston Chronicle, among others.
Susanna is a graduate of Harvard Law School and also holds degrees from The George Washington University and Baylor University. She lives in Houston and has four children.
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.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
General Counsel, NRB
Dr. Michael P. Farris is a litigator, educator, public advocate, and communicator, and is widely recognized for his successful work on both the national and international stage.
He is the founding president of both the Home School Legal Defense Association (1983) and Patrick Henry College (2000) and continues to serve as Chairman of the Board of HSLDA and Chancellor Emeritus of PHC. Dr. Farris served as the President and CEO of Alliance Defending Freedom and continues to serve in a part-time capacity as Counselor to the President. He currently serves as General Counsel for National Religious Broadcasters.
Fiorello LaGuardia Professor of Clinical Law Emeritus, New York University School of Law
Prof. Martin Guggenheim ’71 has taught at NYU School of Law, where he now co-directs the Family Defense Clinic, since 1973. From 1998 to 2002, he was director of Clinical and Advocacy Programs. Guggenheim has been an active litigator in the area of children and the law and has argued leading cases on juvenile delinquency and termination of parental rights in the US Supreme Court. He is also a well-known scholar, having published more than 50 articles and book chapters, plus six books, including What’s Wrong with Children’s Rights (2005). His research has focused on adolescent abortion, First Amendment rights in schools, the role of counsel for children in court proceedings, and empirical research on child welfare practice, juvenile justice, and family law.
Professor of the Practice, Philosophy, McGrath Institute for Church Life, University of Notre Dame
Melissa Moschella is Professor of the Practice in Philosophy at the University of Notre Dame’s McGrath Institute for Church Life. Her work spans the fields of ethics, political philosophy, and law, and her areas of special expertise include natural law theory, biomedical ethics, and the family (especially parental rights). She is the author of To Whom Do Children Belong? Parental Rights, Civic Education and Children’s Autonomy (Cambridge University Press, 2016), and Ethics, Politics, and Natural Law: Principles for Human Flourishing (University of Notre Dame Press, forthcoming Spring 2025). Professor Moschella has also published numerous articles in scholarly journals as well as popular media outlets, including Notre Dame Law Review, The American Journal of Jurisprudence, The Journal of Law and Religion, Bioethics, The Journal of Medical Ethics, The New York Times, USA Today, The Washington Post, The Federalist, and First Things. She was recently awarded the Heritage Foundation’s Freedom and Opportunity Prize. She graduated magna cum laude from Harvard College, earned a Licentiate in Philosophy summa cum laude from the Pontifical University of the Holy Cross, and received her Ph.D. in Political Philosophy from Princeton University.
Director, Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
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.
Senior Fellow, American Federation for Children
Shaka Mitchell serves as a Senior Fellow for the American Federation for Children.
He brings experience from several high-performing charter school networks, including Rocketship Education and LEAD Public schools, that serve over 2,500 students in Nashville.
Shaka began his career in education as the Associate Director of Policy and Planning at the D.C.-based Center for Education Reform. He then led outreach efforts at the Institute for Justice, a constitutional law firm based in Arlington, VA.
He is an alumnus of Belmont University where he teaches American Government and Constitutional Law as an adjunct faculty member. He earned his Juris Doctorate from the Wake Forest University School of Law where he sits on the Board of Advisors for the Journal of Law and Policy. Shaka is a co-founder of MoreMarrowDonors.org, a non-profit committed to providing scholarships to bone marrow donors who are matches for patients with various blood diseases. Shaka is the Chair of the Tennessee State Advisory Committee to the U.S. Commission on Civil Rights.
He is a member of the American Enterprise Institute’s Leadership Network and Aspen Institute Civil Society Fellowship. Shaka and his wife Stephanie are members of Edgefield Church in Nashville and are active in several non-profit organizations.
Associate Professor and C. Boyden Gray Distinguished Scholar, University of North Carolina School of Law
Mark Storslee joined the Carolina Law faculty in 2025 and serves as Associate Professor and C. Boyden Gray Distinguished Scholar. His teaching and research interests include constitutional law, civil procedure, administrative law, and federal courts. Among other topics, his scholarship focuses on constitutional history, religious freedom, and First Amendment law generally. Storslee’s work has appeared in publications such as the University of Chicago Law Review, the University of Pennsylvania Law Review, the University of Virginia Law Review, Vanderbilt University Law Review, and the Journal of Law & Religion.
Storslee holds a J.D. from Stanford Law School and a Ph.D. in Religious Studies (ethics) from the University of Virginia. He also holds masters degrees from Duke University and the University of Edinburgh and a B.A. from Furman University. After law school, Storslee clerked for Judge Diarmuid O’Scannlain on the United States Court of Appeals for the Ninth Circuit, and later for Associate Justice Neil Gorsuch on the United States Supreme Court. He previously taught at Penn State Law School and Emory Law School, and served as the Executive Director of the Constitutional Law Center at Stanford Law School. He also worked as an appellate litigator at Williams & Connolly LLP.
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
John Paul Stevens Professor of Law, Northwestern University School of Law
Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University. He received the Walder Award for Research Excellence from Northwestern, the Hart-Dworkin award in legal philosophy from the Association of American Law Schools, and the Edward S. Corwin Prize from the American Political Science Association. His scholarship focuses on issues at the intersection of law and political philosophy. He has written more than 100 scholarly articles and eight books, most recently Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed, (St. Martin’s Press). His column appears regularly at The Hill. You can find his recent work at andrewkoppelman.com.
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
John Paul Stevens Professor of Law, Northwestern University School of Law
Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University. He received the Walder Award for Research Excellence from Northwestern, the Hart-Dworkin award in legal philosophy from the Association of American Law Schools, and the Edward S. Corwin Prize from the American Political Science Association. His scholarship focuses on issues at the intersection of law and political philosophy. He has written more than 100 scholarly articles and eight books, most recently Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed, (St. Martin’s Press). His column appears regularly at The Hill. You can find his recent work at andrewkoppelman.com.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
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.
Assistant Professor of Law, Antonin Scalia Law School, George Mason University
Lael Weinberger is an assistant professor of law at George Mason University Antonin Scalia Law School. Previously, Lael clerked for Justice Neil Gorsuch on the United States Supreme Court, Judge Frank Easterbrook on the Seventh Circuit Court of Appeals, and Chief Justice Daniel Eismann on the Idaho Supreme Court. Lael also practiced law at the Washington, D.C., office of Gibson Dunn and held fellowships at Stanford and Harvard law schools. Lael earned a law degree and a Ph.D. in history, both from the University of Chicago. Lael's academic work has appeared in journals such as the University of Chicago Law Review, Notre Dame Law Review, and Constitutional Commentary, among others. He has also written widely for broader public audiences, with his writings and reviews appearing in publications including Newsweek, National Review, Claremont Review, First Things, Christianity Today, LA Review of Books, World, and the New Rambler Review.
Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
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.
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
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.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Judge, U.S. Court of Appeals, Second Circuit
On April 10, 2026, President Trump nominated Matthew Schwartz to the United States Court of Appeals for the Second Circuit. He was confirmed on July 14, 2026.
Prior to his appointment, Matthew Schwartz was a partner in the Firm’s Litigation Group. He joined the Firm in 2007 after clerking for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court. He was elected partner in 2011.
Mr. Schwartz’s wide-ranging practice comprises complex litigation, arbitration, and government investigations in the areas of securities law, M&A, derivative suits, antitrust, bank regulation, contracts, constitutional law, administrative law and general commercial litigation. He has represented some of the world’s leading corporations, financial institutions, and industry organizations. Mr. Schwartz provides regular advice on legislation and regulations in the AI, banking, FinTech, and payments fields.
Matt also regularly speaks and writes on legal ethics issues.
2026 Law and Religion Cases at the Supreme Court: Looking Back and Forward
Parental Rights and Public Schools: A Loudoun County Case Study
Tyson Langhofer, Ian Prior, Roger Severino
Public schools across the country are increasingly the site of debates over the role of...
Government Speech and the First Amendment: Does the Government’s Own Expression Have Limits?
Susanna Dokupil, Erik S. Jaffe, Eugene Volokh
The government-speech doctrine generally permits the government to select and promote its own messages without...
Parental Rights from the Founding to Present Day
Michael P. Farris, Martin Guggenheim, Melissa Moschella, Anthony Sanders, Gene C. Schaerr
CLE credit for this event is available at On-Demand CLE. Parental rights have long occupied...
How Did the Founders View the Role of Education?
Michael Bindas, Nicole Stelle Garnett, Shaka Laurence Mitchell, Mark Storslee
In this Federalist Society America 250 series, experts analyze modern legal and policy debates through...
Litigation Update: Ten Commandments in Public Schools
Stephanie Barclay, Joseph Davis, Andrew Koppelman
This week, the en banc U.S. Court of Appeals for the Fifth Circuit held that...
Litigation Update: Ten Commandments in Public Schools
Stephanie Barclay, Joseph Davis, Andrew Koppelman
This week, the en banc U.S. Court of Appeals for the Fifth Circuit held that...
How Does the First Amendment Protect Churches in Court?
Michael W. McConnell, Branton J. Nestor, Lael Weinberger
The First Amendment’s church autonomy doctrine sets a structural constitutional barrier keeping the State...
What Was an "Establishment of Religion" at the Founding?
Joseph Davis, Douglas Laycock, Michael W. McConnell, Ryan D. Nelson
In this Federalist Society America250 series, experts analyze modern legal and policy debates through the...
Plenary Panel 4: Justice Alito’s Impact on Religious Liberties & Speech
Stephanie Barclay, Nicole Stelle Garnett, Steven J. Menashi, Matthew A. Schwartz
This panel will analyze Justice Alito’s contributions to the Supreme Court’s religious liberty and free...