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.
VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Professor and Director, Prolife Center, University of St. Thomas School of Law
Teresa Collett, J.D., is professor at the University of St. Thomas School of Law, where she serves as director of the school's Prolife Center. Collett received her doctorate at the University of Oklahoma College of Law. As a well-known advocate for the protection of human life and the family, Collett specializes in the subjects of marriage, religion and bioethics in her research.
Collett has published numerous legal articles and is the co-author of a law casebook on professional responsibility and co-editor of a collection of essays exploring “catholic” and “Catholic” perspectives on American law. She is an elected member of the American Law Institute, and has testified before committees of the U.S. Senate and House of Representatives, as well as before legislative committees in several states.
In 2009, Pope Benedict XVI appointed Collett to a five-year term on the Pontifical Council for the Family. Her appointment was renewed by His Holiness Pope Francis until 2016 when the responsibilities of the Council were assumed by the Dicastery for the Laity, Family and Life. In 2013, she served as a delegate to the International Conference on Population and Development (ICPD) for the Mission of the Holy See to the United Nations.
She represented Congressman Ron Paul and various medical groups in the defense of the U.S. federal ban of partial-birth abortion, and the governors of Minnesota and North Dakota defending the N.H. requirement of state parental involvement prior to performance of an abortion on a minor before the U.S. Supreme Court. Collett is often asked to represent the interests of government officials before federal appellate courts. She has served as special attorney general for the states of Oklahoma and Kansas, as well as assisting other state attorneys general in defending laws protecting human life and marriage. Prior to joining St. Thomas in 2003, Collett taught at the South Texas College of Law, where she established the nation's first annual symposium on legal ethics.
VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Professor and Director, Prolife Center, University of St. Thomas School of Law
Teresa Collett, J.D., is professor at the University of St. Thomas School of Law, where she serves as director of the school's Prolife Center. Collett received her doctorate at the University of Oklahoma College of Law. As a well-known advocate for the protection of human life and the family, Collett specializes in the subjects of marriage, religion and bioethics in her research.
Collett has published numerous legal articles and is the co-author of a law casebook on professional responsibility and co-editor of a collection of essays exploring “catholic” and “Catholic” perspectives on American law. She is an elected member of the American Law Institute, and has testified before committees of the U.S. Senate and House of Representatives, as well as before legislative committees in several states.
In 2009, Pope Benedict XVI appointed Collett to a five-year term on the Pontifical Council for the Family. Her appointment was renewed by His Holiness Pope Francis until 2016 when the responsibilities of the Council were assumed by the Dicastery for the Laity, Family and Life. In 2013, she served as a delegate to the International Conference on Population and Development (ICPD) for the Mission of the Holy See to the United Nations.
She represented Congressman Ron Paul and various medical groups in the defense of the U.S. federal ban of partial-birth abortion, and the governors of Minnesota and North Dakota defending the N.H. requirement of state parental involvement prior to performance of an abortion on a minor before the U.S. Supreme Court. Collett is often asked to represent the interests of government officials before federal appellate courts. She has served as special attorney general for the states of Oklahoma and Kansas, as well as assisting other state attorneys general in defending laws protecting human life and marriage. Prior to joining St. Thomas in 2003, Collett taught at the South Texas College of Law, where she established the nation's first annual symposium on legal ethics.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
General Counsel, United States Senator Jim Banks
Elle Bernstein serves as General Counsel to United States Senator Jim Banks (R-IN). In her capacity as General Counsel, Elle handles immigration policy, pro-life issues, and judicial nominations. Elle has served as counsel for amicus briefs on abortion and the Constitution, Title IX, and religious liberty. Her article, “Beyond Barbara: Towards A Jurisprudence of Nationhood,” is forthcoming in the Notre Dame Journal of Law, Ethics, and Public Policy.
Elle co-founded the Pro-Life Lawyers Caucus and is an executive committee member of the Federalist Society’s Immigration Practice Group. She has also held fellowships with the Claremont Institute, the James Wilson Institute, and Alliance Defending Freedom.
Previously, Elle was an Associate in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and clerked for the Honorable James C. Ho of the United States Court of Appeals for the Fifth Circuit.
Elle holds a B.A. in Philosophy from the King’s College and a J.D. from the University of Chicago Law School.
Fellow, Manhattan Institute
Tim Rosenberger serves as Senior Counsel at the United States Department of Education. He was previously a fellow at the Manhattan Institute and Stanford University’s Center for Entrepreneurial Studies. He was also the founding COO of Verbum Labs and serves as a Chaplain with the Cleveland Division of Police. Before matriculating to law school, he was a legal policy fellow at the Cicero Institute, a parish pastor, and a management consultant with McKinsey & Company.
Tim has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, The Hill, The New York Post, and City Journal. He also regularly provides commentary for various media outlets, testifies before state legislatures, and files dozens of amicus curiae “friend of the court” briefs in the Supreme Court and various circuit courts.
He holds an AB from Georgetown University, a M.Div. from United Lutheran Seminary, a D.Min from the Rawlings School of Divinity, an LL.M. from Universität Wien, and a JD/MBA from Stanford University, where he was Federalist Society Chapter President and served on Law Review. Tim’s research interests lie at the intersection of law, faith, education and entrepreneurship—with a particular focus on leveraging policy to help America’s overlooked populations build lives of dignity.
Pio Cardinal Laghi Distinguished Chair in Law, Professor and Co-director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy, University of St. Thomas School of Law - Minnesota
Professor Gregory Sisk is the Pio Cardinal Laghi Distinguished Chair in Law at the University of St. Thomas School of Law in Minneapolis, Minnesota.
He received his B.A. from Montana State University and his J.D. from the University of Washington School of Law, where he graduated first in his class, was an editor on the law review, and president of the moot court board. Prior to joining the legal academy, he served as a legal advisor in all three branches of the federal government: as a legislative assistant to a U.S. Senator, as a law clerk to a U.S. Court of Appeals judge, and as an appellate attorney with the U.S. Department of Justice representing the United States in the courts of appeals and the Supreme Court. Subsequent to his government service, he was in private practice as the head of the appellate department of a Seattle law firm.
Professor Sisk joined the University of St. Thomas law faculty in 2003, after teaching for twelve years at the Drake University Law School, where he had also been named as the Richard M. & Anita Calkins Distinguished Professor. He teaches Professional Responsibility and Civil Procedure, as well as a new course with original materials on Litigation with the Federal Government. His casebook, "Litigation With the Federal Government: Cases and Materials," was published by Foundation Press in 2000 and has been adopted at several law schools, including Georgetown University, George Washington University, Catholic University, New York University, the University of Pittsburgh, and McGeorge School of Law.
Professor Sisk also is author of the leading treatise on the subject, "Litigation With the Federal Government," published as the fourth edition by ALI-ABA in 2006. He has published nearly three dozen articles on litigation with the federal government, judicial decisionmaking, awards of attorney's fees, professional responsibility, constitutional interpretation, law and religion, and tort reform. His articles have been cited by the United States Supreme Court, several federal courts of appeals, and the supreme courts of several states. His empirical study of judicial decisionmaking and the influence of judicial background, co-authored with Professors Michael Heise and Andrew Morriss, was published in the New York University Law Review and received the 1999 Article Prize from the Law and Society Association.
Professor Sisk has remained active as a member of the legal profession. He served as reporter for the Iowa Rules of Professional Conduct Drafting Committee appointed by the Iowa Supreme Court to draft the new set of ethics rules to govern lawyers in Iowa. He is a member of the American Law Institute, the nation's premier law reform organization. He maintains a limited practice, primarily as an appellate attorney and as an expert witness on professional ethics and conduct. For example, he briefed a leading environmental/federal-common-law case as counsel for amicus curiae and then was invited to argue the central issue before the U.S. Court of Appeals for the Ninth Circuit. More important than success on the merits, however, was the testament that the court gave to the attorneys in the case: "Litigation often produces criticism for its participants. This case, however, was extraordinarily well briefed and argued by consummate professionals on both sides and we are grateful for that." Atchison, Topeka & Santa Fe Railway Co. v. Brown & Bryant, Inc., 132 F.3d 1295, 1303 n.5 (9th Cir. 1997), amended, 159 F.3d 358, 365 n.6 (9th Cir. 1998).
Professor Sisk is also active with the Conference on Catholic Legal Thought, writing and speaking about religion and public life and the role of faith in professional life. He occasionally participates as a member of the Mirror of Justice blog, which present a diverse array of Catholic perspectives on the law, public life, and social justice.
J.D., University of Washington Law School
B.A., Montana State University
Former Chief, DOJ Tax Division, Appellate Section
Francesca Ugolini spent 22 years in the Appellate Section of DOJ’s Tax Division, where she directed all of the federal government’s civil tax litigation in the courts of appeals and assisted the Solicitor General’s office with tax cases in the Supreme Court. Ms. Ugolini received her JD from the University of Virginia School of Law and her B.S. from the University of Maryland at College Park.
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...
Courthouse Steps Decision: Mahmoud v. Taylor
Eric Baxter, Teresa Stanton Collett
Mahmoud v. Taylor concerns the question of whether parents have the right to be notified...
Courthouse Steps Oral Argument: Mahmoud v. Taylor
Eric Baxter, Teresa Stanton Collett
In Mahmoud v. Taylor, the Supreme Court will decide whether parents have the right to...
A Seat at the Sitting - April 2025
Thomas Berry, Brian T. Fitzpatrick, Sarah Parshall Perry, Elle Rogers Bernstein, Tim Rosenberger, Gregory Sisk, Francesca Ugolini
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
Topics
School Policies Hiding Students’ Gender Identities Face Different Legal Fates
In the United States, approximately 1,044 school districts (impacting more than 10 million students) have...
Topics
Mahmoud v. Montgomery County Public Schools: A Religious Liberty Controversy to Watch
In Maryland’s Montgomery County Public Schools, parents are forbidden to know when their elementary-school children...