Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
Senior Litigation Attorney, EarthRights International
Rick Herz is a 1993 Order of the Coif graduate of the University of Virginia School of Law, where he served on the Virginia Law Review. In 1994, he clerked for the Hon. Raymond A. Jackson, U.S. District Judge for the Eastern District of Virginia. Rick was the 1997-1998 Natural Resources Law Institute Fellow at Northwestern School of Law of Lewis and Clark College, where he wrote”Litigating Environmental Abuses Under the Alien Tort Claims Act: A Practical Assessment” , an article about suing multinational corporations for environmental abuses under the Alien Tort Claims Act. He is a member of the New York State Bar. At ERI, Rick directs our work on cases against multinational corporations for international human rights and environmental abuses. As such he is co-counsel for the plaintiffs ERI’s past and ongoing litigation, including Doe v. Unocal, Bowoto v. Chevron, Sahu v. Union Carbide, Wiwa v. Royal Dutch Petroleum, Maynas v. Occidental Petroleum, Doe v. Chiquita, and API v. SEC. He has also filed amicus briefs in the United States Supreme Court and various U.S. Circuit and District courts on behalf of NGOs and law professors in important human rights cases, and he advises human rights and environmental activists and lawyers on international law.
Partner, Jones Day
Eliot Pedrosa is a first chair litigator and trial lawyer with 20 years of experience representing businesses in complex and challenging litigation involving international disputes, financial institutions, securities, and products liability.
Eliot has served as first chair in more than a dozen jury trials and arbitrations and defended clients under investigation by federal and state regulators. Eliot, who is a native Spanish speaker, has in-depth knowledge of Latin American law and recently completed a term as the Senate-confirmed Executive Director of the Inter-American Development Bank (IDB), the largest source of development finance for Latin America and the Caribbean.
Prior to joining Jones Day, Eliot successfully represented clients from around the world, including a German medical device manufacturer, an Israeli software company, the largest sugar producer in Nicaragua, a Spanish language radio station and media company regarding broadcast rights for Mexican soccer matches in the United States, a music company in litigation regarding the sale of a salsa music catalog, a financial services firm in an action alleging improper handling of credit card transactions, and a tobacco company in individual Florida Engle cases.
Eliot has been committed to providing pro bono legal services throughout his career, including representing human trafficking victims, an unaccompanied minor seeking asylum, and a First Amendment challenge to the Florida High School Athletic Association's decision to prohibit use of a stadium loudspeaker for a prayer at a high school football championship game between two private, Christian schools.
Of Counsel, DLA Piper LLP (US)
Harout J. Samra – a Board Certified Specialist in International Law – focuses his practice on international dispute resolution and arbitration matters, including international civil litigation in US courts.
Harout has represented clients from both the public and private sectors, including foreign governments, public officials and clients from a variety of industries. He has experience in international arbitrations administered under the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL), China International Economic and Trade Arbitration Commission (CIETAC), Bogota Chamber of Commerce, Madrid Court of Arbitration and International Centre for Settlement of Investment Disputes (ICSID) arbitration rules.
Harout currently serves as a member of the Florida Supreme Court Judicial Nominating Commission, by appointment of Governor Ron DeSantis. He previously served, by appointment of Governor Rick Scott, as a member of the Florida Third District Court of Appeal Judicial Nominating Commission, and was elected as Chair of the Commission from 2018-2019.
Carson v. Makin and the Future of School Choice
Duke Student Chapter
Durham, NCLitigation Update: Merrill v. Milligan
Michael T. Morley
On February 7, 2022, the Supreme Court noted probable jurisdiction and granted certiorari before judgment in a...
Litigation Update: Merrill v. Milligan
Michael T. Morley
On February 7, 2022, the Supreme Court noted probable jurisdiction and granted certiorari before judgment in a...
Who Will Replace Justice Breyer? A conversation with Ed Whelan on the Supreme Court confirmation process
Litigation Update: Merrill v. Milligan
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Out of Thin Air: Cummings v. Premier Rehab Keller and “Emotional Distress” Damages in Antidiscrimination Law
In perhaps one of the highest-profile Supreme Court terms in recent memory, one case, lacking...
Ilya Shapiro on Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court
Irvine, CATopics
Go Ahead, You Do It For Us
Rule of Law or Rule of Experts? Almost exactly 9 years ago, I spoke...
Foreign Sovereign and International Organization Immunity in U.S. Courts: Recent Developments and the Way Forward
Richard Herz, Eliot Pedrosa, Harout J. Samra
The Foreign Sovereign Immunities Act and its lesser-known sibling, the International Organizations Immunities Act, enacted...
Topics
From Flagpoles to Football: An Establishment Clause Run Amok
For over fifty years, Establishment Clause jurisprudence has been haunted by the malleable nature of...