Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War; Point of Attack: Preventive War, International Law, and Global Welfare; and Crisis and Command: A History of Executive Power from George Washington to George Bush.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War; Point of Attack: Preventive War, International Law, and Global Welfare; and Crisis and Command: A History of Executive Power from George Washington to George Bush.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Thomas Smith Senior Research Fellow, Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War; Point of Attack: Preventive War, International Law, and Global Welfare; and Crisis and Command: A History of Executive Power from George Washington to George Bush.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Deep Dive Episode 54 – Department of Interior Considers Rulemaking on the Right to Use Eagle Feathers in Religious Exercise
Joseph Davis
It is currently a federal crime, under the Bald and Golden Eagle Protection Act, for...
Topics
Security Clearances - Executive Discretion or Executive Overreach?
The Framers understood Congress could not be trusted to keep secrets, and entrusted (as John...
Litigation Update: Department of Interior Considers Rulemaking on the Right to Use Eagle Feathers in Religious Exercise
Joseph Davis
It is currently a federal crime, under the Bald and Golden Eagle Protection Act, for...
Necessary & Proper Episode 43: John Yoo and John Malcolm on Executive Privilege and Congressional Oversight
John C. Yoo, John G. Malcolm
What is the proper balance between Congressional oversight and Executive privilege? As it becomes clear...
Litigation Update: Department of Interior Considers Rulemaking on the Right to Use Eagle Feathers in Religious Exercise
Religious Liberties Practice Group and Regulatory Transparency Project Teleforum
TeleforumTopics
Baldwin v. U.S.: Will the Chevron Doctrine Be Refined or Overruled?
In Baldwin v. United States, No. 17-55115 (filed April 16, 2019), the United States...
Executive Privilege and Congressional Oversight
John G. Malcolm, John C. Yoo
What is the proper balance between Congressional oversight and Executive privilege? As it becomes clear...
Executive Privilege and Congressional Oversight
TeleforumTopics
Nuggets of Gold from the Executive Branch Review Conference
Yesterday I attended the Federalist Society’s Executive Branch Review Conference. This is becoming a must...
Topics
Love Terminal (Government Takings) Deserves its Day in Court
Below are remarks by political commentator George Will from the Federalist Society event on Government...