Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Senior Partner, Pines Bach LLP
Lester Pines is a Senior Partner in the firm.
A Fellow of the American College of Trial Lawyers, he is a respected civil and criminal litigator and appellate advocate. In his over 40 years of practice, he has appeared in trial and appellate courts throughout Wisconsin, in numerous federal district courts, and before the federal 7th Circuit Court of Appeals. After a recent trial, one of Lester’s clients wrote:
"Seeing you in action was like watching an artist create a classic painting from a blank canvas but instead of paint you used facts, figures and, most importantly, words to achieve a masterpiece in the courtroom."
His wide-ranging civil trial practice encompasses commercial claims, employment disputes, constitutional and civil rights matters, personal injury and intellectual property cases. His criminal defense work has involved many high profile cases, especially involving teachers, police officers and other public employees. He is counsel to Madison Teachers Inc., which represents the employees of the Madison Metropolitan School District.
Recently, Lester was featured in a cover story in Isthmus, a Madison weekly newspaper, " Activist Attorney – Lester Pines draws on faith and family in his practice and beyond."
Recent challenges to the constitutionality of newly enacted laws that Lester brought on behalf of his clients include:
Previously, in cases in which he was appointed by former Wisconsin Governor Jim Doyle, Lester defended Wisconsin’s law creating domestic partnerships for same sex couples and stopped an attempt by then Attorney General J.B. Van Hollen to suppress voting in the 2008 Presidential election.
Among the many cases Lester has argued before the Wisconsin Supreme Court, two in particular have shaped Wisconsin law. In 2010 he represented the Zurich American Insurance Company inMiller v. Hanover Insurance, securing the reversal of a $2,000,000 default judgment against his client and achieving a significant change in Wisconsin law regarding relief from such judgments. In an original action in 1996, he successfully argued the case of Thompson v. Craney, which delineated the constitutionally vested powers of the State Superintendent of Public Instruction and protected them from being altered by the Legislature, which the Wisconsin Supreme Court reaffirmed in 2016 in Coyne v. Walker.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Partner, Bell Giftos St. John LLC
Kevin St. John is a partner with Bell Giftos St. John LLC in Madison, Wisconsin. From 2011 to 2015, he served as Wisconsin’s Deputy Attorney General. Prior to his government service St. John practiced law with the Madison office of Michael Best & Friedrich LLP and the Washington D.C. office of Gibson, Dunn & Crutcher LLP. St. John is a graduate of the University of Wisconsin-Madison and earned his law degree from the University of Chicago.
St. John has contributed to Federalist Society as a speaker and in commentaries on topics including redistricting, free speech, and separation of powers.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Senior Partner, Pines Bach LLP
Lester Pines is a Senior Partner in the firm.
A Fellow of the American College of Trial Lawyers, he is a respected civil and criminal litigator and appellate advocate. In his over 40 years of practice, he has appeared in trial and appellate courts throughout Wisconsin, in numerous federal district courts, and before the federal 7th Circuit Court of Appeals. After a recent trial, one of Lester’s clients wrote:
"Seeing you in action was like watching an artist create a classic painting from a blank canvas but instead of paint you used facts, figures and, most importantly, words to achieve a masterpiece in the courtroom."
His wide-ranging civil trial practice encompasses commercial claims, employment disputes, constitutional and civil rights matters, personal injury and intellectual property cases. His criminal defense work has involved many high profile cases, especially involving teachers, police officers and other public employees. He is counsel to Madison Teachers Inc., which represents the employees of the Madison Metropolitan School District.
Recently, Lester was featured in a cover story in Isthmus, a Madison weekly newspaper, " Activist Attorney – Lester Pines draws on faith and family in his practice and beyond."
Recent challenges to the constitutionality of newly enacted laws that Lester brought on behalf of his clients include:
Previously, in cases in which he was appointed by former Wisconsin Governor Jim Doyle, Lester defended Wisconsin’s law creating domestic partnerships for same sex couples and stopped an attempt by then Attorney General J.B. Van Hollen to suppress voting in the 2008 Presidential election.
Among the many cases Lester has argued before the Wisconsin Supreme Court, two in particular have shaped Wisconsin law. In 2010 he represented the Zurich American Insurance Company inMiller v. Hanover Insurance, securing the reversal of a $2,000,000 default judgment against his client and achieving a significant change in Wisconsin law regarding relief from such judgments. In an original action in 1996, he successfully argued the case of Thompson v. Craney, which delineated the constitutionally vested powers of the State Superintendent of Public Instruction and protected them from being altered by the Legislature, which the Wisconsin Supreme Court reaffirmed in 2016 in Coyne v. Walker.
Partner, Eimer Stahl LLP
Ryan is a partner at Eimer Stahl LLP and is based in the firm’s Madison office. He focuses his practice on appellate and complex litigation in a wide variety of areas, including antitrust, constitutional law, corporate law, environmental, ERISA, products liability, and white collar. As part of his practice, Ryan devotes significant time to matters of legal strategy and the art of written and oral advocacy.
Ryan previously served as Chief Deputy Solicitor General of Wisconsin, securing numerous wins in the Supreme Court of the United States, in three federal courts of appeal, and in the state supreme court. Ryan built national, bipartisan coalitions of attorneys general and agencies in support of several lawsuits and briefing efforts, including a Wisconsin-led, 12-state coalition whose suit against the Federal Communications Commission prompted that agency to reverse a major new rule. When he left government, Ryan had a perfect win record in all of his cases to have reached final judgment.
Earlier in his career, Ryan worked in Washington D.C. as an associate in the appellate group of one of the world’s largest law firms.
Ryan also served as a law clerk on the U.S. Supreme Court for the Honorable Antonin Scalia and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.
Ryan was named to Forbes’ “30 Under 30: Law and Policy” list in 2017. His briefing has won awards from the National Association of Attorneys General and the International Municipal Lawyers Association. He has also won a “best brief” accolade from the State Bar of Wisconsin in the civil category for his written work defending Wisconsin’s right-to-work law.
Senior Fellow, Cato Institute
Walter Olson is a senior fellow at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and is known for his writing on the American legal system. His books include The Rule of Lawyers, on mass litigation, The Excuse Factory, on lawsuits in the workplace, and most recently Schools for Misrule, on the state of the law schools. His first book, The Litigation Explosion, was one of the most widely discussed general-audience books on law of its time. It led the Washington Post to dub him “intellectual guru of tort reform.” Active on social media, he is known as the founder and principal writer of what is generally considered the oldest blog on law as well as one of the most popular, Overlawyered.com. He has advised many public officials from the White House to town councils and in 2015 was named by Gov. Larry Hogan to be co-chair of the Maryland Redistricting Reform Commission, which issued its report recommendations later that year to acclaim across the state.
Before joining Cato, Olson was a senior fellow at the Manhattan Institute and an editor at the magazine Regulation, then edited by future Supreme Court Justice Antonin Scalia. Olson’s more than 400 broadcast appearances include all the major networks, NPR, the BBC, The Diane Rehm Show, and Oprah.
Wisconsin Election Law Panel
Rick M. Esenberg, Lester A. Pines, Ryan J. Walsh
On September 1, 2020, the Federalist Society's Wisconsin lawyers chapters hosted their annual conference via...
Wisconsin Election Law Panel
2020 Wisconsin Lawyers Chapters Conference
WIWhy Proportional Representation Will Not Stem Redistricting Litigation But Will Undermine Normative Representative Values
Kevin St. John
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Escaping the Goldilocks Problem: A Proposal That Would Enable States to Avoid Redistricting Litigation
Dan Morenoff
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
An Imagined Bloc and Other Figments
Donald A. Daugherty
A review of American Justice 2019: The Roberts Court Arrives, by Mark Joseph Stern (University...
Topics
Second Amendment in the Highest Court: NYSPRA v. City of New York
How much is too much? That was a principal question in the partisan gerrymandering case...
Where Do We Draw the Line? Partisan Gerrymandering & Rucho v. Common Cause
Northwestern Student Chapter
CHICAGO, ILRucho v. Common Cause and Lamone v. Benisek - Post-Argument SCOTUScast
Derek T. Muller
On March 26, 2019, the Supreme Court heard argument in Rucho v. Common Cause and...
Topics
Zombie Rulings and Public Elections
American politics could soon be the victim of “zombie rulings” if the activists seeking to...