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.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Daniel Blomberg is vice president and senior counsel for Becket. Before joining Becket, he clerked for Chief Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and served as litigation counsel with the Alliance Defending Freedom. Daniel’s clients have included an international order of nuns, the world’s largest religious media organization, synagogues, members of the U.S. military, religious healthcare ministries, peaceful protestors, halfway houses, religious colleges, state legislators, homeless shelters, religious business owners, an art gallery, and churches. Daniel has represented a wide variety of faith groups, including Anglicans, Baptists, Catholics, Hindus, Hutterites, Jews, Lutherans, Mennonites, Muslims, Presbyterians, Russian Orthodox, and Sikhs. Cases on which he has served as counsel to a party include: Our Lady of Guadalupe v. Morrissey-Berru, 140 S. Ct. 2049 (2020); Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63 (2020); Zubik v. Burwell, 136 S. Ct. 1557 (2016); Little Sisters of the Poor v. Sebelius, 134 S. Ct. 1022 (2014); Wheaton College v. Burwell, 134 S. Ct. 2806 (2014); Fellowship of Christian Athletes v. SJUSD, 82 F.4th 664 (9th Cir. 2023) (en banc); Singh v. Berger, 56 F.4th 88 (D.C. Cir. 2022); Demkovich v. St. Andrew the Apostle Parish, 3 F.4th 968 (7th Cir. 2021) (en banc); Maxon v. Fuller Theological Seminary, 2021 WL 5882035 (9th Cir. 2021); Intervarsity Christian Fellowship/USA v. University of Iowa, 5 F.4th 855, 867 (8th Cir. 2021); Business Leaders in Christ v. University of Iowa, 991 F.3d 969 (8th Cir. 2021); Whole Woman’s Health v. Smith, 896 F.3d 362 (5th Cir. 2018); Lee v. Sixth Mount Zion Baptist Church, 903 F.3d 113 (3d Cir. 2018); Gagliardi v. TJCV, 889 F.3d 728 (11th Cir. 2018); Harvest Family Church v. FEMA, 2018 WL 386192 (5th Cir. 2018); Fratello v. Archdiocese of New York, 863 F.3d 190 (2d Cir. 2017); Eternal Word Television Network v. U.S. Dep’t of HHS, 756 F.3d 1339 (11th Cir. 2014); InterVarsity Christian Fellowship/USA v. Bd. of Governors of Wayne State Univ., 534 F. Supp. 3d 785 (E.D. Mich. 2021); and Singh v. Carter, 168 F. Supp. 3d 216 (D.D.C. 2016).
Daniel has been featured on CNN, Huffington Post Live, Fox News, EWTN Nightly News, and CBS Evening News.
He earned his J.D. from the University of South Carolina School of Law, graduating magna cum laude. While in law school, Daniel clerked for the South Carolina Attorney General’s Office, served on a South Carolina Supreme Court task force, and interned with Judge J. Michelle Childs of the Circuit Court for the Fifth Judicial Circuit as a part of the Judicial Observation and Education program. He is a Blackstone Fellow. Daniel received his undergraduate degree from Columbia International University. He and his wife have five children and too many animals.
Associate Professor & Director, Constitutional Government Initiative, Wheatley Institute, Brigham Young University
James C. Phillips is the Constitutional Government Initiative Director and an associate professor at BYU’s Wheatley Institute. He is also a fellow with the UC-Berkeley School of Law’s Public Law and Policy Program and an academic affiliate with the D.C.-based law firm Schaerr|Jaffe. His scholarship has been cited by judges around the country, including at the U.S. Supreme Court, and has been covered in various media outlets, including the New York Times Magazine, USA Today, Reuters, CNN, and Fox News. He is a member of the Executive Committee of the Federalist Society's Religious Liberty Practice Group and the J. Reuben Clark Law Society Religious Liberty Committee.
Prior to joining Wheatley, Phillips was associate professor of law at Chapman University’s Fowler School of Law, where he taught Constitutional Law, Religion and the Constitution, Civil Procedure, Family Law, and Professional Responsibility and was named 1L Professor of the Year. Dr. Phillips has taught Administrative Law at BYU’s J. Reuben Clark Law School, where he also helped conceive and design the Corpus of Founding-Era American English. He was also a Non-resident Fellow with Stanford Law School’s Constitutional Law Center.
Dr. Phillips has published dozens of academic articles, primarily in law journals, but also communications, business, and history journals. His longer pieces have been published in, for example, the University of Pennsylvania Law Review, the Southern California Law Review, and the Harvard Journal of Law and Public Policy, and his shorter articles have been published in journals such as the Yale Law Journal Forum and the Duke Law Journal Online. Dr. Phillips has also written op-eds on constitutional issues for Newsweek, The Atlantic, the Los Angeles Times, the Orange County Register, Deseret News, and National Review.
Prior to his university posts, Dr. Phillips practiced law as a Constitutional Law Fellow for the Becket Fund for Religious Liberty and an associate for Kirton | McConkie. He has worked on dozens of cases at the U.S. Supreme Court, as well as cases in federal and state courts throughout the country. He is a member of the bar in Utah and D.C. He clerked for Judge Thomas B. Griffith on the U.S. Court of Appeal for the D.C. Circuit and for Justice Thomas R. Lee on the Utah Supreme Court. Dr. Phillips earned his JD, Order of the Coif, from UC-Berkeley’s School of Law, where he was a member of the California Law Review. He also has a PhD in Jurisprudence & Social Policy from UC-Berkeley, an M.A. in Mass Communication from BYU, and a B.A. in History from Arizona State University.
Deputy Solicitor General, Office of the Attorney General of Iowa
Patrick C. Valencia serves as Iowa’s Deputy Solicitor General in the Iowa Attorney General’s Office. In this role, he helps marshal Iowa’s appellate docket, and briefs and argues cases, before state and federal appellate courts, including the Iowa and U.S. Supreme Courts.
Before moving to Iowa, Patrick worked on appeals across all levels of state and federal courts, including the U.S. Supreme Court, as a senior associate in the Supreme Court and Appellate practice group at Hogan Lovells in Washington, D.C. Patrick has worked on cases involving a wide range of issues, including constitutional law, civil procedure, civil rights, employment law, and complex commercial litigation, across a variety of industries, including the automotive, energy, health care, and technology industries. Patrick has also served as appellate counsel in federal district courts, including on several antitrust cases.
Before Hogan Lovells, Patrick clerked for the Honorables Roger W. Titus and Paul W. Grimm of the U.S. District Court for the District of Maryland, and then for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Patrick graduated Order of the Coif with high honors from the George Washington University Law School. Patrick completed his undergraduate degree at the University of Notre Dame, where he studied political science and Irish history.
Bingham Fellow, Institute for Justice
Anna Goodman is an attorney with the Institute for Justice. She is currently serving as IJ’s Bingham Fellow.
Before joining IJ, Anna clerked for Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma. She has also been an Appellate Fellow at Horvitz & Levy and an adjunct professor at Pepperdine University School of 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.
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: Legal Developments Surrounding Tithing and Religious Donations
Daniel Blomberg, James C. Phillips
In recent years, a flurry of lawsuits has been launched nationwide against religious organizations, raising...
Iowa’s Constitution Provides a Legislative Privilege Despite Lacking a Speech or Debate Clause
Patrick C. Valencia
A civil rights organization, the League of United Latin American Citizens of Iowa (LULAC),...
Florida Supreme Court Identifies Limits on Governmental Immunity Doctrines
Anna Goodman
In the recent decision Fried v. Florida, the Florida Supreme Court confronted the tension between...
Why 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...