Senior Counsel, First Liberty Institute
Stephanie N. Taub serves as Senior Counsel with First Liberty Institute, focusing on litigation, appellate advocacy, and legal education.
While at First Liberty, her article on the rights of faith-based organizations under Title VII of the Civil Rights Act of 1964 has been published in the Texas Review of Law and Politics. She has also authored pieces published in National Review, the Daily Signal, the Washington Times, the Des Moines Register, and the New York Daily News. In 2017, Taub was named one of 15 recipients of the James Wilson Fellowship in natural law.
Before joining First Liberty, Taub worked as a law clerk to the Honorable Reed O’Connor in the U.S. District Court of the Northern District of Texas.
Taub is a Harvard Law School graduate in the class of 2014 and a Blackstone Fellow in the class of 2012. During law school, she served as Co-President of the HLS Christian Fellowship and Managing Technical Editor of the Harvard Human Rights Journal. Taub spent her law school summers defending religious liberty in public interest law firms and clerking in the Texas Office of Solicitor General.
For her undergraduate studies at the University of Southern California, Taub graduated summa cum laude, majoring in Business Administration with a minor in Philosophy.
Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Associate, Baker Hostetler
Sean Sandoloski is a member of BakerHostetler’s Appellate and Major Motions Team. Sean has represented clients at every level of the federal judiciary, as well as in multiple federal agencies and state courts. He has extensive experience in constitutional, administrative, and antitrust law and litigation.
Sean has developed and implemented litigation, administrative, legislative, and communications strategies for clients—presenting holistic solutions for complex problems. He regularly works across groups and offices to tackle high-stakes, fast-moving issues, and advise clients on strategic and regulatory matters. Throughout his career, Sean has worked to cultivate and foster relationships at all levels from the highest offices in government to corporate executives to benefit his clients.
Prior to joining BakerHostetler, Sean served as Special Assistant and Associate Counsel to the President in the Office of White House Counsel, where his primary responsibilities included the selection and confirmation of judicial nominees. There, Sean worked closely with the Department of Justice, a number of federal agencies, and various congressional committees. He also previously served in the Appellate Section of the Department of Justice’s Antitrust Division, representing the United States in the courts of appeals and advising Division leadership on complex issues of federal law. Additionally, he clerked for Judge Steven M. Colloton of the United States Court of Appeals for the Eighth Circuit.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Senior Counsel, The Becket Fund for Religious Liberty
Senior Counsel Hannah Smith joined Becket in 2007 following two clerkships at the U.S. Supreme Court for Justices Clarence Thomas and Samuel A. Alito, Jr.
Ms. Smith was a member of the Becket legal team that secured victories in key U.S. Supreme Court religious liberty cases, including Holt v. Hobbs, 574 U.S. ___ (Jan. 20, 2015), where a unanimous Court held in an opinion authored by Justice Alito that the Religious Land Use and Institutionalized Persons Act requires prison officials to accommodate peaceful expressions of religious devotion; Burwell v. Hobby Lobby, 134 S. Ct. 2751 (June 30, 2014), where the Court held in a 5-4 opinion authored by Justice Alito that family-owned businesses enjoy religious liberty rights under the Religious Freedom Restoration Act and that the HHS mandate violated the Act; and Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (2012), where a unanimous Court held in an opinion authored by Chief Justice Roberts that the “ministerial exception” under the First Amendment protects a church’s right to choose its own ministers.
Ms. Smith contributed to Becket's Supreme Court filings in Little Sisters of the Poor v. Burwell (2015); Houston Baptist University v. Burwell (2015); Stormans v. Wiesman (2015); Michigan Catholic Conference v. Burwell (2015); Obergefell v. Hodges (2015); University of Notre Dame v. Burwell (2014); Wheaton College v. Burwell, 134 S. Ct. 2806 (2014); Little Sisters of the Poor v. Sebelius, 134 S. Ct. 1022 (2014); Bronx Household of Faith v. New York City Board of Education (2014), Elmbrook School District v. Doe (2014), Big Sky Colony v. Montana Department of Labor and Industry (2013), Sossamon v. Texas (2011), Arizona Christian School Tuition Association v. Winn (2011), Bronx Household of Faith v. New York City Board of Education (2011), Utah Highway Patrol Association v. American Atheists (2011), Christian Legal Society v. Martinez (2010), and Salazar v. Buono (2010).
Ms. Smith has been featured on CNN, Fox News, The O'Reilly Factor, The Sean Hannity Show, C-Span, EWTN, Al Jazeera America, the Wall Street Journal, the Washington Post, the Los Angeles Times, U.S. News and World Report, the Associated Press, National Review Online, Bloomberg News, NPR, BBC, the Laura Ingraham Show, the Rush Limbaugh Show, the Hugh Hewitt Show, BYU Radio, and many other publications and radio shows. She has been invited to speak on religious liberty at Harvard Law School, Princeton University, Stanford Law School, University of Pennsylvania Law School, Southern Methodist University Law School, Brigham Young University Law School, American University Washington College of the Law, and Central European University. And she has given briefings on religious liberty issues at the U.S. Capitol, the State Department, the Heritage Foundation, the Ethics and Public Policy Center, the Federalist Society for Law and Public Policy Studies, the American Bar Association, and the National Constitution Center.
Ms. Smith received her B.A. from Princeton University, concentrating in the Woodrow Wilson School of Public and International Affairs. She graduated with honors from Brigham Young University Law School and was elected to the Order of the Coif. She served as Executive Editor of the BYU Law Review, as a research assistant for the BYU International Center for Law and Religion Studies, and as president of the BYU Federalist Society. BYU awarded her its Alumni Achievement Award for her work in the defense of religious freedom. Ms. Smith also received the J. Reuben Clark Law Society's Women-in-Law Leadership Award for her national leadership in defending religious liberty and advancing the contributions of Mormon women to the law.
Following law school and in between clerkships, she was an associate in private practice at Williams & Connolly and Sidley Austin in Washington D.C., representing clients before state and federal courts and the U.S. Supreme Court in civil, criminal, and constitutional cases. Her private practice religious liberty work included the U.S. Supreme Court petition for certiorari in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. First Unitarian Church of Salt Lake City (2003), as well as matters on behalf of Brigham Young University, the Church of Jesus Christ of Latter-day Saints, and the Roman Catholic Archdiocese of Washington D.C.
Ms. Smith served as a full-time volunteer missionary for the Church of Jesus Christ of Latter-day Saints in France and Switzerland. She currently serves as a member of the J. Reuben Clark Law Society International Board and as a member of the Deseret News Editorial Advisory Board. She writes on religious liberty issues in the Deseret News. Hannah and her husband John are happily married with 4 wonderful children.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Senior Counsel, Vice President of Allied Legal Affairs, Alliance Defending Freedom
Brett Harvey serves as senior counsel and vice president of Allied Legal Affairs with Alliance Defending Freedom.
Since joining ADF in 2000, Harvey has coordinated the efforts of the volunteer network of attorneys who collaborate with ADF. In 2002, his role expanded to direct the grant program. To date, Harvey and his team have awarded approximately $54 million in grant funds to thousands of legal projects and cases, many of which have set national and multinational precedents.
Harvey leads the Allied Legal Affairs team, which is dedicated to creating opportunities for attorneys aligned with the ADF mission to actively engage in the protection and promotion of religious liberty. Harvey and his team focus on recruitment, professional engagement, and integration of allies into ADF’s advocacy efforts, including coordinating amicus efforts at state supreme courts, circuit courts, and the U.S. Supreme Court.
Harvey has also litigated in a variety of state and federal courts, focusing on the protection of life and religious freedom. Most notably, he successfully spearheaded a national litigation strategy culminating in Town of Greece v. Galloway, in which the U.S. Supreme Court upheld the freedom of Americans to pray at public meetings.
Harvey earned his J.D. in 1995 from the Walter F. George School of Law at Mercer University in Georgia. He is admitted to the bar in the states of Arizona, Colorado, Florida, Georgia, and Virginia. He has also been admitted to practice before the U.S. District Court in Colorado, the U.S. Courts of Appeals for the 4th, 6th, 9th, 10th, and 11th Circuits, and the U.S. Supreme Court.
Senior Counsel, Alliance Defending Freedom
Joel L. Oster serves as senior legal counsel with Alliance Defending Freedom at its Kansas City Regional Service Center in Kansas, where he plays a significant role in litigation efforts defending church autonomy. Before joining Alliance Defending Freedom in 2004, he earned his J.D. from the University of Kansas School of Law. Oster is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts, and has practiced law since 1997.
A Cord of Three Strands: How Kennedy v. Bremerton School District Changed Free Exercise, Establishment, and Free Speech Clause Doctrine
Stephanie Taub, Kayla Ann Toney
In 2015, Bremerton High School football coach Joseph Kennedy lost his job for kneeling at...
The End of Independent Agencies? Restoring Presidential Control of the Executive Branch
Andrew Grossman, Sean Sandoloski
On the day that President Joe Biden took office, among his first official acts was...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Can a New Establishment Clause Jurisprudence Succeed in Protecting Religious Minorities Where Lemon Has Failed?
Alexandra M. Lightfoot
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
The Bladensburg WWI Memorial Cross
On February 27, 2019, the Supreme Court of the United States heard oral argument in...
When a Pastor’s House Is a Church Home: Why the Parsonage Allowance Is Desirable Under the Establishment Clause
Daniel Benson, Hannah C. Smith
Note from the Editor: This article discusses the parsonage allowance, whereby the value of a...
In Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway
Kenneth A. Klukowski
Note from the Editor: This article is a discussion about the Establishment Clause issue in...
Who Said That?: A Simple Question That May Change the Way Courts View Legislative Prayer
Brett Harvey, Joel Oster
Related Opinions & Briefs: • Petition for Writ of Certiorari, Town of Greece v. Galloway:...