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.
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.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Regulatory Counsel, Americans for Prosperity Foundation
Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.
He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.
He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.
Ashe Family Chair Professor of Law, Georgia State University College of Law
Eric J. Segall graduated from Emory University, Phi Beta Kappa and summa cum laude, and from Vanderbilt Law School, where he was the research editor for the Law Review and member of Order of the Coif. He clerked for the Chief Judge Charles Moye Jr. for the Northern District of Georgia, and Albert J. Henderson of the 11th Circuit Court of Appeals. After his clerkships, Segall worked for Gibson, Dunn & Crutcher and the U.S. Department of Justice, before joining the Georgia State faculty in 1991.
Segall teaches federal courts and constitutional law I and II. He is the author of the books Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges. His articles on constitutional law have appeared in, among others, the Harvard Law Review Forum, the Stanford Law Review On Line, the UCLA Law Review, the George Washington Law Review, the Washington University Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern University Law Review Colloquy, and Constitutional Commentary among many others.
Segall’s op-eds and essays have appeared in the New York Times, the LA Times, The Atlantic, SLATE, Vox, Salon, and the Daily Beast, among others. He has appeared on CNN, Fox News, MSNBC, and France 24 and all four of Atlanta’s local television stations. He has also appeared on numerous local and national radio shows.
Former President, St. John's College
John Agresto is a long-time professor of American history, politics, and political thought and retired president of St. John’s College in Santa Fe, NM. He was also the Senior Advisor to the Ministry of Higher Education in Iraq and subsequently chancellor and academic dean at the American University of Iraq, which he helped found just over 10 years ago. He is presently finishing a book on liberal education and American Democracy.
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
President, National Association of Scholars
Peter W. Wood is president of the National Association of Scholars. A former professor of anthropology and college provost, he is the author most recently of 1620: A Critical Response to the 1619 Project (November 2020). He is also the author of several other books about American culture, including Diversity: The Invention of a Concept (2003); A Bee in the Mouth: Anger in America Now (2007); and Diversity Rules (2020). He is editor-in-chief of the journal Academic Questions and a widely published essayist. In 2019, he received the Jeane Kirkpatrick Prize for contributions to academic freedom.
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.
Staff Attorney, Pacific Legal Foundation
Jennifer F. Thompson is a staff attorney in PLF’s property rights practice group. She advocates for landowners’ constitutional rights to the productive use and enjoyment of property.
Eric V. Hall joined the firm in July of 2019. Eric’s practice focuses on business litigation, constitutional law, school law, church law, and employment. Eric specializes in complex civil litigation, especially trials and appeals. Eric has extensive experience with both jury and bench trials. He has also briefed and argued dozens of cases to the Colorado Court of Appeals, Colorado Supreme Court, and Tenth Circuit Court of Appeals.
Prior to joining Sparks Willson, Eric was a partner with Lewis Roca Rothgerber Christie LLP, where he worked for 18 years. Eric is a native of Colorado Springs. He earned his BA from the College of William and Mary in Virginia, graduating magna cum laude and delivering the valedictory address on behalf of the class of 1991. He earned his MA in 1994 from St. John’s College in Santa Fe, New Mexico. He earned his JD from Notre Dame Law School, graduating summa cum laude in 2000. He clerked for the Honorable David M. Ebel on the Tenth Circuit Court of Appeals for one year immediately after law school.
Eric is a member of the El Paso County Bar Association and has served as its President and a Trustee. He was named “Outstanding Young Lawyer of the Year” in 2005. He is member of the Ben S. Wendelken Inn of Court, the Colorado Bar Association, the Faculty of Federal Advocates, and the Federalist Society. He served on the Colorado Supreme Court Nominating Committee from 2012 to 2018. He is also a co-founder of Thomas MacLaren School, an award-winning charter school located in Colorado Springs School District 11 serving students in grades K-12.
Former President, St. John's College
John Agresto is a long-time professor of American history, politics, and political thought and retired president of St. John’s College in Santa Fe, NM. He was also the Senior Advisor to the Ministry of Higher Education in Iraq and subsequently chancellor and academic dean at the American University of Iraq, which he helped found just over 10 years ago. He is presently finishing a book on liberal education and American Democracy.
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
President, National Association of Scholars
Peter W. Wood is president of the National Association of Scholars. A former professor of anthropology and college provost, he is the author most recently of 1620: A Critical Response to the 1619 Project (November 2020). He is also the author of several other books about American culture, including Diversity: The Invention of a Concept (2003); A Bee in the Mouth: Anger in America Now (2007); and Diversity Rules (2020). He is editor-in-chief of the journal Academic Questions and a widely published essayist. In 2019, he received the Jeane Kirkpatrick Prize for contributions to academic freedom.
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...
Can the Federal Government Ban At-Home Distilling?
Thomas Berry, Theodore Cooperstein, Michael D. Pepson, Eric J. Segall
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995)...
Dress Codes and Sex Discrimination
Colorado Lawyers Chapter
Denver, CODeep Dive Episode 186 – Teaching About Race in the Curriculum
John Agresto, Linda L. Chavez, Peter Wood
This episode features a panel discussion on Critical Race Theory, the 1619 Project and the current...
Deep Dive Episode 186 – Teaching About Race in the Curriculum
Regulatory Transparency Project's Fourth Branch Podcast
TeleforumCounting to Two Thirds: How Close Are We to a Convention for Proposing Amendments to the Constitution?
Robert G. Natelson
Note from the Editor: This article argues that, in aggregating applications from states to call...
New Mexico Supreme Court Eliminates Foreseeability from Tort Duty Analysis
Jennifer F. Thompson, Deborah Fetra
On May 8, 2014, the New Mexico Supreme Court significantly altered the state’s tort law...