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).
Senior Counsel, The Becket Fund for Religious Liberty
Senior Counsel Hannah Smith joined Becket in 2007 following two clerkships at the U.S. Supreme Court for Justices Clarence Thomas and Samuel A. Alito, Jr.
Ms. Smith was a member of the Becket legal team that secured victories in key U.S. Supreme Court religious liberty cases, including Holt v. Hobbs, 574 U.S. ___ (Jan. 20, 2015), where a unanimous Court held in an opinion authored by Justice Alito that the Religious Land Use and Institutionalized Persons Act requires prison officials to accommodate peaceful expressions of religious devotion; Burwell v. Hobby Lobby, 134 S. Ct. 2751 (June 30, 2014), where the Court held in a 5-4 opinion authored by Justice Alito that family-owned businesses enjoy religious liberty rights under the Religious Freedom Restoration Act and that the HHS mandate violated the Act; and Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (2012), where a unanimous Court held in an opinion authored by Chief Justice Roberts that the “ministerial exception” under the First Amendment protects a church’s right to choose its own ministers.
Ms. Smith contributed to Becket's Supreme Court filings in Little Sisters of the Poor v. Burwell (2015); Houston Baptist University v. Burwell (2015); Stormans v. Wiesman (2015); Michigan Catholic Conference v. Burwell (2015); Obergefell v. Hodges (2015); University of Notre Dame v. Burwell (2014); Wheaton College v. Burwell, 134 S. Ct. 2806 (2014); Little Sisters of the Poor v. Sebelius, 134 S. Ct. 1022 (2014); Bronx Household of Faith v. New York City Board of Education (2014), Elmbrook School District v. Doe (2014), Big Sky Colony v. Montana Department of Labor and Industry (2013), Sossamon v. Texas (2011), Arizona Christian School Tuition Association v. Winn (2011), Bronx Household of Faith v. New York City Board of Education (2011), Utah Highway Patrol Association v. American Atheists (2011), Christian Legal Society v. Martinez (2010), and Salazar v. Buono (2010).
Ms. Smith has been featured on CNN, Fox News, The O'Reilly Factor, The Sean Hannity Show, C-Span, EWTN, Al Jazeera America, the Wall Street Journal, the Washington Post, the Los Angeles Times, U.S. News and World Report, the Associated Press, National Review Online, Bloomberg News, NPR, BBC, the Laura Ingraham Show, the Rush Limbaugh Show, the Hugh Hewitt Show, BYU Radio, and many other publications and radio shows. She has been invited to speak on religious liberty at Harvard Law School, Princeton University, Stanford Law School, University of Pennsylvania Law School, Southern Methodist University Law School, Brigham Young University Law School, American University Washington College of the Law, and Central European University. And she has given briefings on religious liberty issues at the U.S. Capitol, the State Department, the Heritage Foundation, the Ethics and Public Policy Center, the Federalist Society for Law and Public Policy Studies, the American Bar Association, and the National Constitution Center.
Ms. Smith received her B.A. from Princeton University, concentrating in the Woodrow Wilson School of Public and International Affairs. She graduated with honors from Brigham Young University Law School and was elected to the Order of the Coif. She served as Executive Editor of the BYU Law Review, as a research assistant for the BYU International Center for Law and Religion Studies, and as president of the BYU Federalist Society. BYU awarded her its Alumni Achievement Award for her work in the defense of religious freedom. Ms. Smith also received the J. Reuben Clark Law Society's Women-in-Law Leadership Award for her national leadership in defending religious liberty and advancing the contributions of Mormon women to the law.
Following law school and in between clerkships, she was an associate in private practice at Williams & Connolly and Sidley Austin in Washington D.C., representing clients before state and federal courts and the U.S. Supreme Court in civil, criminal, and constitutional cases. Her private practice religious liberty work included the U.S. Supreme Court petition for certiorari in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. First Unitarian Church of Salt Lake City (2003), as well as matters on behalf of Brigham Young University, the Church of Jesus Christ of Latter-day Saints, and the Roman Catholic Archdiocese of Washington D.C.
Ms. Smith served as a full-time volunteer missionary for the Church of Jesus Christ of Latter-day Saints in France and Switzerland. She currently serves as a member of the J. Reuben Clark Law Society International Board and as a member of the Deseret News Editorial Advisory Board. She writes on religious liberty issues in the Deseret News. Hannah and her husband John are happily married with 4 wonderful children.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Ronald Reagan Distinguished Fellow Emeritus, The Heritage Foundation
Edwin Meese III, the prominent conservative leader, thinker and elder statesman, continues a quarter-century formal association with The Heritage Foundation as the leading think tank’s Ronald Reagan Distinguished Fellow Emeritus.
In that capacity, Meese oversees special projects and acts as an ambassador for Heritage within the conservative movement.
Meese was chairman of Heritage’s Center for Legal and Judicial Studies from its founding in 2001 until what he calls his “semi-retirement” on Feb. 1, 2013.
He joined Heritage in 1988 as the think tank's first Ronald Reagan Distinguished Fellow -- the only policy chair in the country to be officially named for the 40th president. His work focused on keeping President Reagan’s legacy of conservative principles alive in public debate and discourse.
The legal center now bears his name, in recognition of Meese’s contributions to the rule of law and the nation’s understanding of constitutional law. Its mission is to educate government officials, the media and the public about the Constitution and legal principles -- and how they affect public policy.
Perhaps best known as U.S. attorney general during Reagan’s second term, Meese’s service to the conservative icon stretched from the California governor’s mansion in 1966 to the White House in 1981 before he went to the Department of Justice four years later.
His Heritage “hats” kept Meese among the major conservative voices in national policy debates at an age when most men and women enjoyed quiet retirements.
In 2006, for example, Meese was named to the Iraq Study Group, a special presidential commission dedicated to examining the best resolutions for America's involvement in Iraq. In the past few years he wrote and spoke about constitutional topics ranging from religious liberty to the responsibility of Supreme Court justices.
Immediately after Reagan's death in 2004, and in the years since, Meese often agreed to major media appearances to discuss the lasting impact of his old friend, mentor and boss. He has summarized the Reagan legacy in three accomplishments: Reagan cut taxes and kept them low. He worked to defeat and end the Soviet Union and its worldwide push for communism. And he restored America's faith in itself after years of failure and "malaise."
"I admired him as a leader and cherish his friendship," Meese wrote in a 2004 essay for Heritage members and supporters. "Ronald Reagan had strong convictions. He was committed to the principles that had led to the founding of our nation. And he had the courage to follow his convictions against all odds." <[>Edwin Meese III was born Dec. 2, 1931, to Edwin Jr. and Leone Meese in Oakland, Calif. He graduated from Yale University in 1953 and holds a law degree from the University of California-Berkeley.
Meese spent much of his adult life working for Reagan, first after the former actor, sports announcer and athlete was elected as California’s governor in 1966 and then when he sought and won the presidency in 1980.
Reagan never forgot Meese's loyalty and hard work. During a press conference at which reporters questioned Meese's actions at the Justice Department, Reagan replied: "If Ed Meese is not a good man, there are no good men."
During the Reagan governorship, Meese served as executive assistant and chief of staff from 1969 through 1974 and as legal affairs secretary from 1967 through 1968. He previously was deputy district attorney in Alameda County, Calif.
From January 1981 to February 1985, Meese held the position of counsellor to the president -- the senior job on the White House staff -- and functioned as Reagan's chief policy adviser. In 1985, he received Government Executive magazine's annual award for excellence in management.
Meese served as the 75th attorney general of the United States from February 1985 to August 1988. As the nation's chief law enforcement officer, he directed the Justice Department and led international efforts to combat terrorism, drug trafficking and organized crime.
Meese’s relationship with Heritage began when he met with senior management to discuss the think tank's landmark policy guide, Mandate for Leadership, prepared for the incoming administration. Meese later recalled that Reagan personally handed out copies of the 1,093-page book to members of his Cabinet and asked them to read it. Nearly two-thirds of Mandate's 2,000 recommendations would be adopted or attempted by the Reagan administration.
More than a decade after joining Heritage, Meese assumed the chairmanship of its Center for Legal and Judicial Studies. Under his guidance, the center counseled White House staffers, Justice Department officials and Senate Judiciary Committee members on the importance of filling judicial vacancies with qualified men and women who are committed to interpreting the Constitution according to the founding document's original meaning.
The center became known for hosting "moot court" practice sessions to sharpen the arguments of attorneys slated to bring important cases before the Supreme Court. Those cases addressed constitutional issues ranging from property rights to racial preferences in primary and secondary schools to restrictions on free speech in campaign finance law.
Meese headed the legal center's Advisory Board for the writing and editing of the best-selling book, The Heritage Guide to the Constitution (Regnery, 2005). In it, 109 experts walked readers through a clause-by-clause analysis of the Constitution. Sen. Tom Coburn (R-Okla.) was among those keeping the reference work handy during Judiciary Committee hearings on Supreme Court nominees.
Meese's other books include “Leadership, Ethics and Policing” (Prentice Hall, 2004); “Making America Safer” (Heritage, 1997); and “With Reagan: The Inside Story” (Regnery Gateway, 1992).He wrote the Introduction to a well-received 2010 book on the “overcriminalization” trend, “One Nation Under Arrest,” by Heritage veterans Paul Rosenzweig and Brian W. Walsh.
He also is a distinguished visiting fellow at the Hoover Institution at Stanford University in California and lectures, writes and consults throughout the United States on a variety of subjects.
As both attorney general and counsellor to Reagan, Meese was a member of the Cabinet and the National Security Council. He served as chairman of the Domestic Policy Council and the National Drug Policy Board. After Reagan won the White House in the 1980 election, Meese headed the transition team. During the campaign, he was the Reagan-Bush Committee's senior official.
Meese had a career outside government and politics. From 1977 to 1981, he was a law professor at the University of San Diego, where he also directed the Center for Criminal Justice Policy and Management.
He was an executive in the aerospace and transportation industry as vice president for administration of Rohr Industries Inc. in Chula Vista, Calif. He left Rohr to return to the practice of law, doing corporate and general work in San Diego County.
A retired colonel in the Army Reserve, Meese remains active in numerous civic and educational organizations.
He and his wife, Ursula, have two grown children and reside in McLean, Va.
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
When a Pastor’s House Is a Church Home: Why the Parsonage Allowance Is Desirable Under the Establishment Clause
Daniel Benson, Hannah C. Smith
Note from the Editor: This article discusses the parsonage allowance, whereby the value of a...
In Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway
Kenneth A. Klukowski
Note from the Editor: This article is a discussion about the Establishment Clause issue in...
The Great Debate: Attorney General Ed Meese III - July 9, 1985
Edwin Meese
? Attorney General Edwin Meese III Before the American Bar Association July 9, 1985, Washington,...