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).
Partner, First & Fourteenth PLLC
For over 35 years, Martin Nussbaum has advised and advocated for dioceses, churches, denominations, religious hospitals, schools, monasteries, Chabad houses, ashrams, and other ministries. He is a nationally recognized expert on religious institution law and religious freedom. His advocacy and advice has been welcomed by religious leaders across the country.
Over his career, Martin has earned a national reputation for his expertise on the First Amendment and various other religious freedom protections. He employs strategic litigation that seeks to protect those rights. He has advocated for religious institutions in cases before the U.S. Supreme Court and in state and federal courts across the country. He also advocates for religious institutions before legislatures and in administrative proceedings, and serves as outside general counsel to numerous national and regional ministries.
Martin has served as a trial, appellate, and amicus counsel in landmark First Amendment and Religious Freedom Restoration Act cases in the U.S. Supreme Court and in state and federal courts.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
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).
District Judge, United States District Court for the Northern District of Texas
Judge Brantley Starr was appointed to United States District Court for the Northern District of Texas in August 2019. Before his appointment, Judge Starr was the Deputy First Assistant Attorney General of Texas. Prior to that appointment, he served as Deputy Attorney General for Legal Counsel. From 2011 to 2015, Judge Starr served as career staff attorney to Texas Supreme Court Justice Eva Guzman. From 2008 to 2011, he practiced at King & Spalding, LLP. He served in the Office of the Solicitor General from 2006 to 2008. Prior to that, Judge Starr clerked for then-Justice Don Willett on the Texas Supreme Court after serving at the Office of the Attorney General. Judge Starr received his law degree from the University of Texas School of Law and his bachelor of arts degree from Abilene Christian University in 2001. Judge Starr has taught the Origins of the Constitution Class at the University of Texas law, Texas A&M law, and SMU law.
Counsel, First Liberty Institute
In February 2022, Ryan Gardner joined the First Liberty Institute as Counsel after spending over four years at large Dallas law firm handling complex commercial disputes at both before both trial and appellate courts. Before his time in private practice, Ryan worked in Washington D.C. as a law clerk to the Honorable Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit. Ryan graduated as Valedictorian from the Pepperdine University School of Law, where he served as the Lead Articles Editor for the Pepperdine Law Review and the President of the Pepperdine chapter of the Federalist Society. While in law school, Ryan also externed at the U.S. Court of Appeals for the Ninth Circuit for the Honorable Sandra Ikuta and worked in Pepperdine’s Ninth Circuit Clinic. Ryan received his bachelor’s degree in Criminal Justice with a minor in Psychology from Harding University, where he graduated summa cum laude. Ryan is a member of the Texas State Bar and is admitted to practice in various federal district and appellate courts.
WFFC Distinguished Chair, Spring Arbor University; Counselor of the Ministry & President Emeritus, Salt & Light Global; Distinguished Professor Emeritus, Western Michigan University Cooley Law School
Following distinguished service as a federal judge and tenured university professor, William Wagner dedicated his life to full-time ministry. Now holding the rank of Distinguished Professor Emeritus, he is the Founder and President Emeritus of Salt & Light Global. He currently holds the WFFC Distinguished Chair for Faith & Freedom at Spring Arbor University.
Seasoning the public dialog with Truth, Wagner fights to protect free expression, religious conscience, and good governance under the rule of law. A frequent speaker at world conferences, his writing is published in a number of articles, books, and other publications, including an Amazon national best seller (#1in its category). As lead amicus counsel in many matters before the United States Supreme Court, he authored briefs on behalf of various organizations. He also authored written testimony, evidence, and briefs in such forums as the Swedish Supreme Court, the U.S. Congress, and the U.K. Parliament. He has further addressed many executive, legislative, parliamentary, and judicial audiences throughout the world, and presented at various diplomatic forums including the United Nations Human Rights Council in Geneva.
As a Federal Judge, Wagner adjudicated cases arising under the Constitution and laws of the United States. Prior to his appointment on the federal bench, he served as the chief American diplomat for the Department of Justice at an American Embassy in Africa. There he led a diplomatic mission charged with strengthening good governance and the rule of law.
During his career in public service, he provided international assistance to the justice sector institutions of numerous countries on five continents. Professor Wagner also served as Senior Assistant United States Attorney, litigating hundreds of federal cases and serving as chief of appellate litigation for the Office of the United States Attorney. Professor Wagner served as legal counsel in the United States Senate and as chief counsel to the Senate Judiciary Committee of the Michigan legislature. Most recently he served as Senior Advisor for Global Criminal Justice at the Department of State.
Anne Fleming Research Professor and Professor of Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Professor of History, Southern Methodist University
Kate Carté (Ph.D., history, University of Wisconsin; B.A., Haverford College) is a Professor of History at Southern Methodist University, specializing in early American and Atlantic history. She is the author of Religion and the American Revolution: An Imperial History (UNC Press for the Omohundro Institute, 2021) and Religion and Profit: Moravians in Early America (Philadelphia: University of Pennsylvania Press, 2009, paper 2011), which was awarded the 2010 Dale W. Brown Award for Outstanding Scholarship in Anabaptist and Pietist Studies. Her articles have appeared in the William and Mary Quarterly, Church History, and Early American Studies, as well as a variety of edited collections. Carté has been a Charles A. Ryskamp Fellow of the American Council of Learned Societies, an affiliate fellow of the Center for the Study of Religion at Princeton University, a Franklin Fellow of the American Philosophical Society, and a Barra Postdoctoral Fellow at the McNeil Center for Early American Studies.
Senior Counsel, Alliance Defending Freedom's Appellate Advocacy Team
Chris Schandevel serves as senior counsel on Alliance Defending Freedom’s Appellate Advocacy Team. In that role, he represents ADF clients of all stripes at the appellate level, preserving lower-court victories and seeking to overturn unjust results.
Among other clients, he has represented a faith-based pregnancy resource center and adoption agency, a Christian photographer, a college student and conservative student group, a former Planned Parenthood clinic manager, female track-and-field athletes, and a high-school French teacher. Schandevel also was on the team of attorneys who successfully represented the Thomas More Law Center in the U.S. Supreme Court. And he regularly represents clients in friend-of-the-court briefs filed in state and federal appellate courts and in the U.S. Supreme Court.
Before joining ADF, Schandevel served as an assistant attorney general in the Criminal Appeals Section at the Office of the Attorney General of Virginia. During his five years in that office, Schandevel briefed and argued 14 appeals in the Supreme Court of Virginia and more than 60 appeals in the Court of Appeals of Virginia. Before his time at the Virginia attorney general’s office, Schandevel clerked for the Honorable Stephen R. McCullough on the Court of Appeals of Virginia.
Schandevel earned his J.D. from the University of Virginia School of Law in 2012. During law school, he founded a student organization called Advocates for Life at Virginia Law. He also completed ADF’s Blackstone Legal Fellowship and was commissioned as a Blackstone Fellow in 2010 after an internship with ADF’s Center for Life. Schandevel earned his B.A. in Social Work from Harding University in 2009.
A member of the state bar of Virginia, Schandevel is admitted to practice before the U.S. Supreme Court and various state and federal trial and appellate courts.
Senior Counsel, Storzer and Associates; Adjunct Professor at the Catholic University of America Columbus School of Law
Eric Treene is Senior Counsel at Storzer and Associates in Washington, D.C., and an Adjunct Professor at the Catholic University of America School of Canon Law. He served for 19 years in four administrations in the U.S. Department of Justice as Special Counsel for Religious Discrimination, where he provided leadership for the Department on a wide range of religious liberty issues, including developing and overseeing the Department’s enforcement program for the Religious Land Use and Institutionalized Persons Act (RLUIPA), testifying before the U.S. Senate on religious hate crimes and developing training programs to protect places of worship from violence, and leading the Department’s efforts to protect religious liberty rights during the COVID-19 epidemic. Prior to serving at the Department of Justice, Mr. Treene was Litigation Director at the Becket Fund for Religious Liberty in Washington, D.C, and was a law clerk to the Hon. John M. Walker, Jr. on the U.S. Court of Appeals for the Second Circuit. He is a graduate of Amherst College and Harvard Law School.
Partner, Jenner & Block LLP
Adam Unikowsky is a partner in Jenner & Block LLP’s Appellate & Supreme Court Practice Group, where he has worked since 2011.
Prior to his time at Jenner & Block, Mr. Unikowsky served as a Judicial Law Clerk to former Justice Antonin Scalia. He also previously clerked for Judge Douglas Ginsberg at the U.S. Courts of Appeals for the D.C. Circuit.
Mr. Unikowsky got his JD from Harvard University, following achieving his Masters of Engineering & Bachelors of Science from Massachusetts Institute of Technology.
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).
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).
Current Issues in Church Autonomy Doctrine: Categorical Immunity, Collateral Order Doctrine, and Neutral Principles of Law
Carl H. Esbeck, L. Martin Nussbaum, Eric Rassbach, Hiram Sasser, Brantley Starr
The United States Supreme Court first acknowledged what would become the church autonomy doctrine, also...
Litigation Update: Bethesda University v. Cho
Ryan Gardner, William Robert Wagner
Bethesda University, a private Christian university founded around Pentecostal theology, faced an internal leadership dispute,...
Free Exercise, History and Tradition, and Preferred Pronouns: Key Takeaways from Vlaming v. West Point School Board
Stephanie Barclay, Kate Carté, Chris Schandevel, Eric W. Treene, Adam Unikowsky
High school French teacher Peter Vlaming was fired from his job in West Point, Virginia,...
An Extended Essay on Church Autonomy
Carl H. Esbeck
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
Topics
Does The First Amendment Allow States To Require Religious Organizations To Pay for Abortions?
New York issued a new mandate that requires houses of worship to pay for abortions....
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...
Topics
Cert Seeking: Can Courts Allow Disgruntled Ministers to Punish Churches for Being Fired?
Pending before the U.S. Supreme Court is a little-noticed petition from Kentucky that raises a...
Topics
Reformation and Law
Today marks the 500th anniversary of the start of the Protestant Reformation. On October 31,...
A Religious Organization's Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment
In the second week of January, the U.S. Supreme Court handed down its unanimous decision...
Bar Watch Bulletin February 15, 2005
Today we report on Monday’s actions from the House of Delegates. A number of new...