Shareholder, Kirton McConkie
Christopher Bates is co-chair of the firm’s Appellate section and a member of the Litigation and First Amendment and Religious Organizations sections. His practice focuses on appeals and critical motions in complex cases. He has argued dozens of cases in courts across the country, including the Utah Supreme Court, Utah Court of Appeals, and eleven of the thirteen federal circuits. He has also handled a variety of dispositive motions in both state and federal court. Chris’s subject matter experience includes a range of constitutional, regulatory, and commercial issues.
Chris has significant experience in senior positions in both state and federal government. Before joining Kirton McConkie, Chris served as deputy solicitor general for Utah. In that position, he managed complex ligation for the state on a range of topics and routinely appeared in both appellate and trial courts. He also led the state’s amicus efforts in the U.S. Supreme Court and federal courts of appeals. Prior to that, Chris served as senior counsel to the Assistant Attorney General for the Civil Division at the U.S. Department of Justice, where he defended agency rulemakings and other administrative actions against statutory and constitutional challenges.
Earlier in his career, Chris was chief counsel to U.S. Senator Orrin G. Hatch on the Senate Judiciary Committee. In that role, he served as Senator Hatch’s chief legal advisor on intellectual property, antitrust, and criminal law. He led introduction and passage of several key pieces of legislation and staffed the senator at two Supreme Court confirmation hearings. He brings this legislative experience to bear in analyzing complex statutes and building coalitions in multiparty litigation.
Chris began his career by serving as a law clerk to Judge Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. He was then a litigation associate in Sidley Austin’s Supreme Court and Appellate Practice in Washington, DC. He has also taught college-level courses on constitutional law and legal studies.
Principal, Spero Law LLC
Christopher Mills is the founder of Spero Law LLC. He was previously a partner at a national law firm and a Constitutional Law Fellow at the Becket Fund for Religious Liberty. He served as a law clerk to Justice Clarence Thomas on the U.S. Supreme Court during October Term 2018. He also clerked for the Honorable David B. Sentelle, then-Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. He has authored briefs and motions in the Supreme Court, courts of appeals, and trial courts, and successfully argued before the D.C. Circuit. He has served as special counsel to South Carolina Governor Henry McMaster, and is an Adjunct Professor at the Charleston School of Law.
A 2012 magna cum laude graduate of Harvard Law School, Christopher was a senior editor of the Harvard Law Review, an editor of the Harvard Journal of Law and Public Policy, and served on the Executive Board of the Harvard Federalist Society. In 2009, he graduated Phi Beta Kappa and summa cum laude with a degree in economics from Furman University.
Christopher lives in Charleston, South Carolina with his wife, children, and golden retriever.
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.
Judge, United States Court of Appeals, Ninth Circuit
Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
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.
Distinguished Research Professor, Center for Citizenship and Constitutional Government, University of Notre Dame
Donald L. Drakeman is Distinguished Research Professor in the Center for Citizenship and Constitutional Government at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His writings have been cited by the Supreme Courts of the United States and the Philippines. He has published seven books, including The Hollow Core of Constitutional Theory (Cambridge University Press, 2021), Why We Need the Humanities (Palgrave, 2016), and Church, State, and Original Intent (Cambridge University Press, 2010). He received an A.B. magna cum laude from Dartmouth College; a J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar; and a Ph.D. from Princeton University. He is a Fellow of the Royal Historical Society, and he was the founding chair of the Advisory Council for the James Madison Program on American Ideals and Institutions at Princeton University.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Courthouse Steps Oral Argument: First Choice Women’s Resource Centers, Inc. v. Platkin
Christopher Bates, Christopher E. Mills
In First Choice Women’s Resource Centers, Inc. v. Platkin, the New Jersey Attorney General, Matthew...
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...
Courthouse Steps Oral Argument: Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission
Ryan D. Nelson, Eric Rassbach
On March 31, 2025, the Supreme Court will hear oral arguments in Catholic Charities Bureau...
Establishing an Agreement to Disagree About Church and State
Donald L. Drakeman
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
Topics
Religious Liberty Update on U.S. Congress and Executive Branch Actions
Congress SENATE 1. On November 30, 2022, the Senate passed H.R. 8404, “Respect for Marriage...
Topics
Top Scholars, Diverse Religious Groups Ask SCOTUS to Reconsider Employment Division v. Smith—Again.
Twenty-nine years ago, a large and diverse group of legal scholars and religious organizations joined...
Religious Exemptions and Third-Party Harms
Thomas C. Berg
Note from the Editor: This article discusses the effect that third-party harms should have on religious...