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.
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Trial Attorney, Civil Rights Division, United States Department of Justice (incoming)
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, he spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and is now a separation-of-powers attorney at Pacific Legal Foundation.
Attorney, Institute of Justice
Kirby Thomas West is an attorney at the Institute for Justice, where she litigates cases defending property rights, free speech, and educational choice.
Before joining IJ in 2018, Kirby was a litigation associate at Baker Botts LLP. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby earned her J.D., cum laude, from Harvard Law School in 2015. While at Harvard, she served as the Articles Editor for the Harvard Journal of Law and Public Policy. Between her first and second years of law school, Kirby clerked at IJ’s Texas office.
Kirby graduated, magna cum laude, from Bucknell University in 2012 with a BA in English and Political Science.
Kirby is licensed in Pennsylvania.
Professor of Law, University of Wyoming College of Law
George Mocsary is an expert in corporate and small-business law, and the law of firearms.
Currently, he is Professor of Law, Founder & Director of Firearms Research Center, and Director of the Business Planning Practicum and at the University of Wyoming College of Law.
Professor Mocsary teaches and writes about Agency & Partnership, Contracts, Corporations, Securities Regulation, the Second Amendment, and Firearms Law, including the intersection of Firearms Law and private law. He is a co-author of Firearms Law and the Second Amendment: Regulation, Rights, and Policy (3rd ed. 2021), the first casebook on this topic.
Prior to his appointment at Wyoming, he served as an Associate Professor of Law at the Southern Illinois University School of Law and spent two years as a Visiting Assistant Professor at the University of Connecticut School of Law. He practiced corporate and bankruptcy law at Cravath, Swaine and Moore in New York, and clerked for the Honorable Harris L. Hartz of the U.S. Court of Appeals for the Tenth Circuit.
Professor Mocsary holds a J.D. from Fordham Law School and an M.B.A. from the University of Rochester Simon School of Business. At Fordham, he graduated first in his class, and served as Notes and Articles Editor of the Fordham Law Review. He has published in the George Washington Law Review, George Mason Law Review, Fordham Law Review, Duke Law Journal Online, and other journals. His work has been cited by the Supreme Court of the United States, several U.S. Courts of Appeals, the Supreme Court of Illinois, the Delaware Court of Chancery, and other courts.
The Meaning of "Regulate Commerce" to the Constitution's Ratifiers
Robert G. Natelson
I. Previous Scholarship[1] A. Views of “Commerce”: Traditional and “Mega” The Constitution grants Congress power...
Topics
Should Attorneys Need to Work Full-time to Receive Bar Admission Reciprocity?
Nationwide, 42 states and the District of Columbia allow an avenue for admission to practice...
State Court Docket Watch: In re: D.D.
Anya Bidwell
Hard cases make bad law.[1] In re: D.D.[2]—a Maryland policing case involving the odor of...
Topics
The Legal Status of Decentralized Autonomous Organizations: Do DAOs Require New Business Structures? Some States Think So.
Decentralized Autonomous Organizations (DAOs) sound like something out of the future. And in a way,...
Panel Two: School Choice in the Courts [Archive Collection]
Richard W. Garnett, Leonard A. Leo, Steve Shapiro, Jeffrey S. Sutton
On March 26, 1999, the Federalist Society co-sponsored the Stranahan National Issues Forum with the...
Panel Two: School Choice in the Courts [Archive Collection]
Richard W. Garnett, Leonard A. Leo, Steve Shapiro, Jeffrey S. Sutton
On March 26, 1999, the Federalist Society co-sponsored the Stranahan National Issues Forum with the...
Protecting Economic Liberty in the Federal Courts: Theory, Precedent, Practice
Adam F. Griffin
The 14th Amendment meaningfully protects economic liberty. While this protection was originally housed in the...
Learning to Change: New Takes on Education Reform
Kirby Thomas West
A Review of: The Choice We Face: How Segregation, Race, and Power Have Shaped America’s...
State Court Docket Watch: State of Vermont v. Misch
George A. Mocsary
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
Wearing, Bearing, or Carrying Arms
In D.C. v. Heller (2008), the Supreme Court recognized an individual right under the...