Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
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 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.
Why Nineteenth Century Bans on “Sectarian” Aid Are Facially Unconstitutional: New Evidence on Plain Meaning
Robert G. Natelson
Note from the Editor: This article presents original research on the nineteenth century meaning of...
Blaine Amendments and the Unconstitutionality of Excluding Religious Options From School Choice Programs
Erica Smith
Note from the Editor: This article discusses the school choice movement and how Blaine Amendments...
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:...