Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Principal, Sharon Fast Gustafson, Attorney at Law, PLC
SHARON FAST GUSTAFSON is the immediate past General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC), where she enforced Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
Ms. Gustafson graduated with honors from Georgetown Law Center in 1991 and has concentrated her practice in employment law. She worked for four years in the labor and employment law group at Jones, Day in Washington, D.C. Since that time, she has had a broad-based solo practice advising and representing employers and employees in handling all aspects of the employment relationship, in compliance with federal and state workplace laws, and in designing and implementing sound employment policies and practices.
Ms. Gustafson is an experienced litigator in federal and state courts; before administrative agencies, including the EEOC, state and local civil rights offices, and the Department of Labor (DOL) Wage and Hour Division; and in mediation and arbitration. She is admitted to practice in state and federal courts in Virginia, Maryland, and the District of Columbia, and in the United States Supreme Court.
Ms. Gustafson successfully litigated a pregnancy discrimination case, Young v. UPS, 575 U.S. 206 (2015), from EEOC intake to a successful outcome at the U.S. Supreme Court. In 2016, she received the Metropolitan Washington Employment Lawyers Association’s “Lawyer of the Year” award “in recognition of outstanding dedication to Civil Rights, Equality, and Justice.”
Ms. Gustafson represents both employers and employees in matters relating to employment law.
Senior Staff Attorney, Speech, Privacy & Technology Project, ACLU
Brian Hauss is a senior staff attorney with the ACLU’s Speech, Privacy & Technology Project, where he focuses on free expression issues. Since joining the ACLU in 2012, he has litigated cases defending the First Amendment rights of writers, journalists, media organizations, activists, advocacy groups, labor unions and private citizens. He has authored or co-authored numerous Supreme Court amicus curiae briefs on behalf of the ACLU and other groups. He also regularly discusses First Amendment issues in the media and at law schools throughout the country. Brian was a 2021-22 Wasserstein Public Interest Fellow at Harvard Law School. He is a graduate of Yale University and Harvard Law School and served as a law clerk to the Hon. Marsha S. Berzon of the U.S. Court of Appeals for the Ninth Circuit.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom
Ryan Bangert serves as senior vice president for strategic initiatives and special counsel to the president at Alliance Defending Freedom. He oversees ADF’s regulatory practice, government relations, and corporate engagement teams. He also advises executive leadership with strategic initiatives and appears as counsel for ADF clients.
Before joining ADF, Bangert served as deputy first assistant attorney general and deputy for legal counsel in the office of the Texas attorney general. In those roles, he oversaw the state’s Special Litigation Unit, which handled critical litigation against the federal government, and oversaw multiple divisions within the office. Prior to that, he served as deputy for civil litigation for Missouri Attorney General Josh Hawley, overseeing the state’s civil litigation divisions, including the consumer protection and antitrust divisions, with over 200 attorneys and staff. During his time in government service, Bangert handled a diverse array of matters involving Big Tech, election law, civil rights, multistate antitrust and consumer protection investigations, and many other issues.
Prior to his government service, Bangert was a litigation partner at Baker Botts L.L.P., where he was a member of the firm’s commercial litigation and appellate practice sections. A seasoned trial attorney, The Texas Lawyer ranked the verdict Bangert achieved in the Janvey v. Maldonado case as the #1 verdict in the securities category for 2015-2019, and The National Law Journal ranked it in its “Top 100 Verdicts of 2015.” He was named a “Texas Rising Star” for multiple years by Texas Lawyer and Law and Politics magazines. While at Baker Botts, he was a volunteer attorney for ADF and served as amicus counsel in numerous cases, including Trinity Lutheran v. Comer and Salazar v. Buono, receiving the firm’s Opus Justitae Award in recognition of his outstanding commitment to pro bono service.
Bangert earned his J.D. from Southern Methodist University, where he was a Hatton Sumner’s scholar and graduated first in his class. He also participated in ADF’s Blackstone program and is a Blackstone Fellow. Following law school, he clerked for the Honorable Patrick E. Higginbotham on the Fifth Circuit Court of Appeals.
Bangert is a member of the Philadelphia Society and Federalist Society. He is admitted to practice law in Texas, California (inactive), Missouri (inactive), the U.S. Supreme Court and numerous federal district and appellate courts. A frequent op-ed contributor, his work has appeared in National Review, Daily Wire, The Hill, Washington Examiner, The Federalist, Fox News, and RealClear Religion. He speaks nationally on constitutional, cultural, and religious liberty issues.
Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Texas Second Court of Appeals
Justice Kerr grew up in Memphis, Tennessee, graduating from White Station High School in 1974. She became a Texan when she matriculated at Rice University in Houston, obtaining a B.A. in English and Art History in 1978, followed by a J.D. from the University of Texas in 1982. Immediately following law school, Justice Kerr spent two years as a briefing attorney for the late Honorable Lucius D. Bunton, III, Judge of the United States District Court for the Western District of Texas, Midland Division.
From there, Justice Kerr began her private practice in Fort Worth in 1984, first with the firm of Law, Snakard & Gambill. During the 1990s, in addition to maintaining her legal practice Justice Kerr worked on numerous projects with lexicographer and author Bryan A. Garner, including as a contributing editor of the seventh edition of Black’s Law Dictionary. Starting in 1995, Justice Kerr taught legal writing and research off and on for a number of years at what began as the DFW School of Law and then became Texas Wesleyan (now Texas A&M) School of Law.
Most recently, she joined Friedman, Suder & Cooke in 2006, where she was of counsel until her election to the appellate bench in 2016. While at Friedman, Suder & Cooke, Justice Kerr was a member of the planning committee of the Tarrant County Bar Association’s appellate section, serving as its chair for the 2010-2011 bar year. She is a Fellow of the Tarrant County Bar Foundation and a Life Fellow of the Texas Bar Foundation.
A Seat at the Sitting - April 2023
Anastasia P. Boden, Thomas F. Gede, Sharon Fast Gustafson, Brian Hauss, Ilya Somin
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
Courthouse Steps Preview: Tyler v. Hennepin County
John J. Bursch, Tony Francois, Nancie G. Marzulla
Geraldine Tyler, a ninety-three-year-old homeowner, owed Hennepin County, Minnesota, nearly $12,700 in delinquent property taxes,...
Courthouse Steps Preview: Tyler v. Hennepin County
John J. Bursch, Tony Francois, Nancie G. Marzulla
Geraldine Tyler, a ninety-three-year-old homeowner, owed Hennepin County, Minnesota, nearly $12,700 in delinquent property taxes,...
Courthouse Steps Oral Argument: Groff v. Dejoy
Hiram Sasser
In Groff v. Dejoy the Court is set to address two issues concerning the protections...
Courthouse Steps Oral Argument: Groff v. Dejoy
Hiram Sasser
In Groff v. Dejoy the Court is set to address two issues concerning the protections...
Courthouse Steps Oral Argument: Groff v. Dejoy
TeleforumTopics
Are Digital Bills of Rights A Sound Solution to Conflict Among Tech Companies, Consumers, and Government?
On December 15, 1791, ten states ratified the Bill of Rights to address concerns about...
Dept. of Ed. v. Brown & Biden v. Nebraska - Post-Argument SCOTUScast
Mark Chenoweth
On February 28, 2023, the U.S. Supreme Court heard oral argument in two cases challenging the...
Courthouse Steps Preview: Tyler v. Hennepin County
The Supreme Court Decides Whether Government Taking of Surplus Proceeds from a Tax-Foreclosure Sale Violates the Fifth Amendment
TeleforumIs School Choice Necessary for Religious Liberty and Freedom of Belief?
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