Renée Flaherty is an attorney with the Institute for Justice. She joined the Institute in 2013 and litigates cases to secure property rights, economic liberty and school choice in federal and state courts.
Renée successfully represented families in defense of North Carolina’s Opportunity Scholarship Program, which was upheld by the North Carolina Supreme Court in July 2015.
Renée’s views have been published in USA Today and The Wall Street Journal.
Prior to joining the Institute for Justice, Renée worked in private practice as a tax controversy associate at the Washington, D.C., office of Bingham McCutchen, LLP. She received her law degree from Harvard Law School in 2011, where she was an editor of the Harvard Negotiation Law Review and served on the Executive Board of the Federalist Society. Renée graduated from the University of Texas at Austin with a Bachelor of Arts in Philosophy and a Bachelor of Business Administration. Renée is originally from Odessa, Texas.
Renée Flaherty is a member of the D.C. bar.
Partner, Graves Garrett LLC
Todd Graves is a lawyer in private practice with the law firm of Graves Garrett. Todd represents individuals and businesses nationwide before federal and state courts and administrative agencies. His areas of expertise include white collar criminal defense, political speech and election law, internal investigations, regulatory compliance, and complex commercial litigation. Todd is admitted to the United States Supreme Court, the Missouri Bar, the Kansas Bar, the Texas Bar, the Iowa Bar, the Federal Courts of Appeals for the Tenth Circuit, the Eighth Circuit and the Sixth Circuit, and the Federal District Courts for the Western District of Missouri, Eastern District of Missouri, the District of Kansas, and the Western District of Michigan.
Todd currently serves as Executive Vice-President of the Pony Express Council of the Boy Scouts of America. He is a member of the Board of Directors of the American Royal Association and a founding board member of the Kansas City Missouri Police Foundation.
Before forming Graves Garrett, Todd served as the United States Attorney for the Western District of Missouri. As United States Attorney, Todd was responsible for prosecuting federal crimes including mail and wire fraud, money laundering, public corruption, health care fraud, child pornography, firearms violations, narcotics trafficking, pharmaceutical diversion, corporate fraud, and terrorism financing. During Graves’ tenure, felony filings doubled.
In addition, Todd was responsible for defending civil lawsuits brought against the United States, handling federal forfeiture actions, and collecting debts and restitution. Todd managed a staff of 120 with headquarters in Kansas City and two branch offices.
Todd also served as a member of the Attorney General’s Advisory Committee, advising the Attorney General on Department of Justice national priorities and policies. Todd participated in drafting Department of Justice policies in corporate investigations including charging, pre-trial diversion, and sentencing. Todd was also a member of the national Executive Working Group, which includes six Department of Justice officials, six state attorneys general, and six district attorneys.
Todd was appointed United States Attorney from his position as Platte County Prosecuting Attorney, an office to which he was elected in 1994 and 1998. At the time of his election in 1994, he was the youngest full-time prosecuting attorney in Missouri. In that position, he oversaw a yearly caseload of approximately 400 felonies, 2500 misdemeanors and 14,000 traffic offenses.
As Prosecuting Attorney and as United States Attorney, Todd actively managed cases and trials under his authority and personally tried numerous jury trials to verdict, including cases of child molestation, drug distribution, murder and capital murder.
Prior to his service as Platte County Prosecuting Attorney, Todd was in private practice with the Bryan Cave law firm. Before joining Bryan Cave, he was an Assistant Attorney General for the State of Missouri.
In 1991, Todd received his law degree and a master’s degree in public administration from the University of Virginia. He received a bachelor’s degree, Summa Cum Laude, from the University of Missouri in 1988.
Raised on a family farm near Tarkio, Missouri, Todd has been married 24 years to his wife, Tracy. The couple has four children, and they reside on a 270 acre farm north of Kansas City that has been in the family since 1867.
Owner, The Knight Law Firm
A lawyer since 1981, Mr. Knight is rated AV by Martindale-Hubbell. Mr. Knight has vast experience in complex litigation, corporate law, and international transactions. He practices in the fields of Aviation, Bankruptcy, Corporate, Commercial, and International Law. He also handles luxury car and RV Lemon Law claims.
Prior to founding his own firm in 1992, he was with the venerable Miami firms Walton Lantaff and Blackwell Walker. He has represented financial institutions, manufacturers, air carriers, repair stations, and wealthy investors from the US, Europe, Latin America, the Middle East, and the Far East.
He is admitted to practice before the United States Supreme Court, the Eleventh Circuit Court of Appeals, and in all three Federal District and Bankruptcy Courts in Florida.
Mr. Knight graduated in 1981 from the University of Miami School of Law, where he served as the Executive Editor of the International Law Journal. During law school he clerked with the Equal Employment Opportunity Commission.
He earned a B.A. degree from Vanderbilt University in 1978, with majors in Philosophy, Political Science, and Spanish, as well as minors in French and History. Also during his undergraduate years, he attended the Universidad Complutense of Madrid, Spain, Georgetown University, and Vanderbilt's institute at Aix-en-Provence, France.
Mr. Knight is licensed to pilot both helicopters and airplanes. In addition to flying, his interests include karate, skiing, hunting, fishing and military history. He is a member of the Miami Rotary Club.
Mr. Knight has lectured on "Aircraft and Engine Liens in and out of Bankruptcy Court" (Miami Aircraft Maintenance Council, May 2001) "Election Law Ethics" (RNLA, Orlando, June 2004), "Fundamentals of Election Law" (RNLA, Orlando, January 2006), "The Help America Vote Act" (RNLA, Miami, September 2008), Moderator RNLA Florida Election Law School, Orlando, September 2010.
Mr. Knight served as Chair of the RNLA's Florida Chapter from the April 2004 through April 2006, and as Co-Chair from April 2006 until April 2009. In June 2004 he was the Director of and organized RNLA's first Florida Election Law School. During the 2002 election cycle he was a member of the Miami-Dade County Legal Team's Executive Committee. In 2000 he served as a member of the Bush-Cheney "Recount" Team.
Florida Second District Court of Appeal
A Sarasota native, Judge Susan H. Rothstein-Youakim graduated from Pine View School in 1987. She graduated in 1990 from Duke University with a B.A. in Russian, cum laude, and in 1993 from the University of Florida College of Law, where she was an Executive Articles Editor on the Florida Journal of International Law.
After law school, Judge Rothstein-Youakim moved to Tampa and began her career as a law clerk to the Honorable Charles R. Wilson, United States Court of Appeals for the Eleventh Circuit, who was then a federal magistrate judge. In January 1995, Judge Rothstein-Youakim joined the Appellate Division of the United States Attorney's Office for the Middle District of Florida. There, she represented the United States and its client agencies in criminal, civil, and post-conviction appeals in the United States Court of Appeals for the Eleventh Circuit, personally drafting more than 600 briefs and presenting approximately 60 oral arguments. She also served as an instructor at the Department of Justice's National Advocacy Center in Columbia, South Carolina.
In May 2016, Governor Rick Scott appointed Judge Rothstein-Youakim to the Second District Court of Appeal, and she began her service on the court on July 5, 2016. She is active in the Bruce R. Jacob-Chris W. Altenbernd Criminal Appellate American Inn of Court and received its Altenbernd Award for Excellence in 2015. She also serves as a mentor to students in elementary school, college, and law school.
Professor of Law, Harvard Law School
Matthew Stephenson is Professor of Law at Harvard Law School, where he teaches administrative law, legislation and regulation, anti-corruption law, and political economy of public law. His research focuses on the application of positive political theory to public law, particularly in the areas of administrative procedure, anti-corruption, judicial institutions, and separation of powers. Prior to joining the Harvard Law School faculty, Professor Stephenson clerked for Senior Judge Stephen Williams on the D.C. Circuit and for Justice Anthony Kennedy on the Supreme Court. He received his J.D. and Ph.D. (political science) from Harvard in 2003, and his B.A. from Harvard College in 1997.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Member, Foster Pepper PLLC
Tom Ahearne has over 30 years of litigation experience. His practice focuses on two distinct areas: (1) representing policyholders in insurance coverage disputes, and (2) representing litigants in suits based on constitutional law, statutory rights, and election disputes.
Insurance Coverage: Tom has been successfully representing insureds and claimants in a wide array of state and federal court coverage litigation since the 1980s. He’s a frequent speaker on insurance coverage at trade association and legal industry seminars, and was named the Best Lawyers® 2011 Insurance Law “Lawyer of the Year” in Seattle.
Constitutional Law, Statutory Rights, & Elections: Tom’s experience over the past three decades includes major constitutional suits such as the McCleary education funding litigation, election disputes such as the Rossi-Gregoire Governor’s election lawsuits, numerous ballot title challenges including I-933, I-895, I-892, I-885, I-884, I-864, & I-860, and cases resolving the enforcement or validity of statutes and initiatives such as Washington’s Top-Two primary system and various Tim Eyman measures. Tom’s related work has been recognized in publications such as Washington Super Lawyers (2012 “Paramount Duty” article) and Seattle Magazine (“2010 Most Influential Lawyer of the Year”).
Joel focuses his litigation practice on the defense of patent infringement claims and challenges to patent validity as well as disputes over trademarks, copyrights and other intellectual property. A registered patent attorney, he has deep experience in post-grant practice before the Patent Office, particularly contested review conducted in parallel with patent infringement litigation. Joel works closely with trial teams preparing patent portfolios for assertive litigation through rigorous “pre-examination” claim validity review and owner-directed re-examination and correction. He has also represented clients in copyright matters and related questions involving the rights surrounding various methods of copying, storing, reproducing and streaming digital media.
Joel litigates and advises candidates, election officials and members of the public on election law, including ballot access and integrity provisions of federal law. He has extensive experience in voter roll integrity and language minority ballot access provisions of federal election statutes. Joel has investigated and enforced statewide violations of Section 8 of the National Voter Registration Act, and implemented election day polling place observers in primary and general elections in numerous jurisdictions.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Director, Sitren Legal
Carrie Ann Donnell joined Arizona’s legal community after graduating law school from Wake Forest University. While clerking at a civil liberties firm in Phoenix (the Institute for Justice), Carrie Ann undertook two milestone voyages – to the courthouse to file her first legal brief, and to the wilderness to spend her first night in a tent. True to character, Carrie Ann spent months diligently preparing for both, and set her sights high. Her brief went to the Arizona Supreme Court, and her camping trip spanned four nights in the Grand Canyon. Carrie Ann soon made her home in the valley, where she enjoys rafting, hiking, and camping with her children.
Carrie Ann began her professional career at the Goldwater Institute, filling three roles simultaneously. As litigation attorney, paralegal, and administrative support for the brand new two-person legal team, Carrie Ann quickly became familiar with all aspects of representing clients. Her first lawsuit went to the Arizona Supreme Court to vindicate the Gift Clause of the Arizona Constitution on behalf of taxpayers in a $100 million subsidy challenge. Carrie Ann later launched the American Freedom Network for pro bono service at the Goldwater Institute.
Carrie Ann is honored to have directed the Pro Bono Center at the Federalist Society, where she remains an active member.
Superior Court of California for the County of Los Angeles
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from Duke Law School, she clerked for future Supreme Court Justice, Anthony M. Kennedy, from 1977–78. From 1981–86, she served in the United States Department of Justice. She worked as a partner in the Los Angeles law firm of Munger, Tolles & Olson, focusing on civil business litigation with a specialty in appellate litigation, from 1986–95. She became a judge on the Superior Court of California for the County of Los Angeles in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001 by President George W. Bush.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Arizona Supreme Court
Justice John Lopez IV serves on the Arizona Supreme Court. Before his appointment to the Supreme Court, Justice Lopez served as Arizona’s Solicitor General. Before that, he served in the U.S. Attorney’s Office as Executive assistant U.S. attorney; Chief assistant, U.S. Attorney's office in Phoenix; Chief of the Financial Crimes and Public Integrity Section; and Deputy appellate chief. Previous to that, Lopez worked as a legal advisor in the Regime Crimes Liaison Office of the Department of Justice, as an attorney with Bryan Cave, and a law clerk to Justice Charles Jones of the Arizona Supreme Court.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Renée Flaherty is an attorney with the Institute for Justice. She joined the Institute in 2013 and litigates cases to secure property rights, economic liberty and school choice in federal and state courts.
Renée successfully represented families in defense of North Carolina’s Opportunity Scholarship Program, which was upheld by the North Carolina Supreme Court in July 2015.
Renée’s views have been published in USA Today and The Wall Street Journal.
Prior to joining the Institute for Justice, Renée worked in private practice as a tax controversy associate at the Washington, D.C., office of Bingham McCutchen, LLP. She received her law degree from Harvard Law School in 2011, where she was an editor of the Harvard Negotiation Law Review and served on the Executive Board of the Federalist Society. Renée graduated from the University of Texas at Austin with a Bachelor of Arts in Philosophy and a Bachelor of Business Administration. Renée is originally from Odessa, Texas.
Renée Flaherty is a member of the D.C. bar.
Senior Advisor, Covington & Burling
Senator Jon Kyl advises companies on domestic and international policies that influence U.S. and multi-national businesses and assists corporate clients on tax, health care, national security, and intellectual property matters, among others.
Jon served in the U.S. Senate from 1995 to 2013, retiring as the second-highest ranking Republican senator. He returned to the Senate in September 2018 after being appointed to succeed the late John McCain, and retired again at the end of 2018.
During Jon’s 26 years in Congress, he built a reputation for mastering the complexities of legislative policy and coalition building, first in the House of Representatives and then in the Senate. In 2010, Time magazine called him one of the 100 most influential people in the world, noting his "encyclopedic knowledge of domestic and foreign policy, and his hard work and leadership" and his "power to persuade."
Jon sat on the powerful Senate Finance Committee and was the ranking Republican on the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism. A member of the Republican Leadership for well over a decade, Jon chaired the Senate Republican Policy Committee and the Senate Republican Conference, before becoming Senate Republican Whip. In filling Senator McCain’s seat, he served on the Armed Services and Homeland Security Committees.
Senior Attorney, Institute for Justice
Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
Senior Attorney, Institute for Justice
Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
Government Ethics and Corruption
2017 Annual Florida Chapters Conference
Orlando, FLLegal & Policy Challenges of the Digital Age
Litigating State Constitutional Issues
2017 Annual Western Chapters Conference
Simi Valley, CA2017 Annual Western Chapters Conference
Simi Valley, CA2017 Annual Lawyer & Law Student Mixer
Phoenix Lawyers Chapter
Phoenix, AZBig Beer: How Regulations Big Beer Implements Hurts Craft Beer
Eminent Domain
Post-Election Commentary: Sen. Jon Kyl & Bob Robb
Phoenix, ArizonaSchool Choice
School Choice