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.
Executive Vice President, Mackinac Center for Public Policy
Michael J. Reitz is executive vice president of the Mackinac Center for Public Policy, where he oversees execution of the Center's strategic plan. The Mackinac Center is an independent, nonprofit research and educational institute based in Midland, Michigan, with the mission of improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions.
Prior to joining the Mackinac Center in 2012, Reitz spent eight years with the Freedom Foundation in Washington state as its general counsel and director of labor policy. Reitz established the Freedom Foundation’s Theodore L. Stiles Center for Liberty, where he litigated for accurate elections, defended the First Amendment rights of individuals, fought against governmental abuses of power and wrote extensively on constitutional law. Reitz championed a number of reforms to modify public-sector collective bargaining and to protect workers from coercive union monopolies.
An advocate of accountable government, Reitz has worked actively to promote transparency in state and local government, serving on the board of the Michigan Coalition for Open Government, a nonprofit organization that educates citizens about their rights to access public records and attend public meetings. While in Washington state, Reitz led a research and litigation effort to expose the governor's secretive practice of withholding records under claims of executive privilege.
Reitz frequently comments on public policy issues and has been cited by The Wall Street Journal, the Los Angeles Times, The Boston Globe, The Seattle Times and other publications. He is a co-author of "To Protect and Maintain Individual Rights," a reference guide to the Declaration of Rights in the Washington Constitution. Reitz received his law degree from Oak Brook College of Law and Government Policy. He is a member of the Washington bar and is admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.
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.
Executive Vice President, Mackinac Center for Public Policy
Michael J. Reitz is executive vice president of the Mackinac Center for Public Policy, where he oversees execution of the Center's strategic plan. The Mackinac Center is an independent, nonprofit research and educational institute based in Midland, Michigan, with the mission of improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions.
Prior to joining the Mackinac Center in 2012, Reitz spent eight years with the Freedom Foundation in Washington state as its general counsel and director of labor policy. Reitz established the Freedom Foundation’s Theodore L. Stiles Center for Liberty, where he litigated for accurate elections, defended the First Amendment rights of individuals, fought against governmental abuses of power and wrote extensively on constitutional law. Reitz championed a number of reforms to modify public-sector collective bargaining and to protect workers from coercive union monopolies.
An advocate of accountable government, Reitz has worked actively to promote transparency in state and local government, serving on the board of the Michigan Coalition for Open Government, a nonprofit organization that educates citizens about their rights to access public records and attend public meetings. While in Washington state, Reitz led a research and litigation effort to expose the governor's secretive practice of withholding records under claims of executive privilege.
Reitz frequently comments on public policy issues and has been cited by The Wall Street Journal, the Los Angeles Times, The Boston Globe, The Seattle Times and other publications. He is a co-author of "To Protect and Maintain Individual Rights," a reference guide to the Declaration of Rights in the Washington Constitution. Reitz received his law degree from Oak Brook College of Law and Government Policy. He is a member of the Washington bar and is admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
Professor, Gonzaga University School of Law
Law clerk for Justice Stephen Bistline, Idaho Supreme Court, 1979-80; in private practice with Lukins & Annis, P.S., Spokane, (1980-84); assistant professor, Oklahoma City University (1984-87); Senior Fellow, Discovery Institute, Seattle, Washington.
Research Fellow, American Enterprise Institute
John Fortier is the principal contributor to the AEI-Brookings Election Reform Project and executive director of the Continuity of Government Commission. A political scientist who has taught at the University of Pennsylvania, the University of Delaware, Boston College, and Harvard University, Mr. Fortier has written numerous scholarly and popular articles. His books include Second-Term Blues: How George W. Bush Has Governed (Brookings Institution Press, 2007); Absentee and Early Voting: Trends, Promises, and Perils (AEI Press, 2006); and After the People Vote: A Guide to the Electoral College (AEI Press, 2004). Mr. Fortier writes a column for Politico and is a frequent radio and television commentator on the presidency, Congress, and elections.
Senior Attorney, Institute for Justice
Robert Frommer serves as a senior attorney with the Institute for Justice. He joined the Institute in August 2008 and is currently litigating on behalf of SpeechNow.org, a group challenging the federal campaign finance laws regarding free speech.
Before joining IJ, Robert was an attorney with the Washington, D.C., office of Gibson, Dunn & Crutcher LLP, where he litigated both complex litigation and public-interest matters. He is a former law clerk to Judge Morris Sheppard Arnold of the U.S. Court of Appeals for the Eighth Circuit.
Robert received his law degree magna cum laude from the University of Michigan Law School in 2004, where he was elected to the Order of the Coif and served as both a book review editor for the Michigan Law Review and president of the Federalist Society student chapter. Before going to law school, Robert earned a master's degree in economics from George Mason University.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Dean and Associate Professor of Law, University of Notre Dame Law School
William K. Kelley teaches constitutional law and administrative law, and focuses on public law issues in his scholarship. He serves as Associate Dean with responsibility for coordinating special projects. During Spring 2008 semester, he will act as Associate Dean for Faculty Research. From 2005-2007, he served in the White House as Deputy Counsel to the President. In that capacity, he was responsible for advising the President of the United States on all legal matters affecting the Executive Branch. He joined the faculty in 1995 after practicing with two major law firms, and serving from 1991-1994 as assistant to the solicitor general at the Department of Justice in Washington, D.C. Professor Kelley began his legal career by serving as law clerk to the Honorable Kenneth W. Starr on the U.S. Court of Appeals for the District of Columbia Circuit (1987-88), as well as for Chief Justice Warren E. Burger and Associate Justice Antonin Scalia (1988-89). He earned his B.A. from Marquette University in 1984, where he was a member of Phi Beta Kappa, and his J.D. from Harvard Law School in 1987, where he served as Supreme Court editor of the Harvard Law Review.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Partner, Covington & Burling LLP
Sarah L. Wilson is a litigation partner at Covington & Burling and a former federal judge whose practice focuses on litigation and investigations. She has handled a broad range of civil and criminal disputes, including False Claims Act litigation, environmental and natural resources litigation, insurance litigation, pharmaceutical and consumer product company investigations, and arbitration.
Ms. Wilson co-chairs Covington & Burling's Advertising and Consumer Law Practice Group. She has represented the world’s largest automotive and consumer product companies in recall and post-recall investigations and disputes.
Ms. Wilson previously served as a Trial Attorney and Deputy Assistant Attorney General in the Department of Justice, as an Associate and Senior Counsel in the White House Counsel's Office, and as a Judge on the U.S. Court of Federal Claims.
Columbia Law School, 1990
Yale University, M.Phil., 1985
Yale University, M.A., 1984
Williams College, B.A., 1981
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Executive Vice President, Mackinac Center for Public Policy
Michael J. Reitz is executive vice president of the Mackinac Center for Public Policy, where he oversees execution of the Center's strategic plan. The Mackinac Center is an independent, nonprofit research and educational institute based in Midland, Michigan, with the mission of improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions.
Prior to joining the Mackinac Center in 2012, Reitz spent eight years with the Freedom Foundation in Washington state as its general counsel and director of labor policy. Reitz established the Freedom Foundation’s Theodore L. Stiles Center for Liberty, where he litigated for accurate elections, defended the First Amendment rights of individuals, fought against governmental abuses of power and wrote extensively on constitutional law. Reitz championed a number of reforms to modify public-sector collective bargaining and to protect workers from coercive union monopolies.
An advocate of accountable government, Reitz has worked actively to promote transparency in state and local government, serving on the board of the Michigan Coalition for Open Government, a nonprofit organization that educates citizens about their rights to access public records and attend public meetings. While in Washington state, Reitz led a research and litigation effort to expose the governor's secretive practice of withholding records under claims of executive privilege.
Reitz frequently comments on public policy issues and has been cited by The Wall Street Journal, the Los Angeles Times, The Boston Globe, The Seattle Times and other publications. He is a co-author of "To Protect and Maintain Individual Rights," a reference guide to the Declaration of Rights in the Washington Constitution. Reitz received his law degree from Oak Brook College of Law and Government Policy. He is a member of the Washington bar and is admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
Executive Vice President, Mackinac Center for Public Policy
Michael J. Reitz is executive vice president of the Mackinac Center for Public Policy, where he oversees execution of the Center's strategic plan. The Mackinac Center is an independent, nonprofit research and educational institute based in Midland, Michigan, with the mission of improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions.
Prior to joining the Mackinac Center in 2012, Reitz spent eight years with the Freedom Foundation in Washington state as its general counsel and director of labor policy. Reitz established the Freedom Foundation’s Theodore L. Stiles Center for Liberty, where he litigated for accurate elections, defended the First Amendment rights of individuals, fought against governmental abuses of power and wrote extensively on constitutional law. Reitz championed a number of reforms to modify public-sector collective bargaining and to protect workers from coercive union monopolies.
An advocate of accountable government, Reitz has worked actively to promote transparency in state and local government, serving on the board of the Michigan Coalition for Open Government, a nonprofit organization that educates citizens about their rights to access public records and attend public meetings. While in Washington state, Reitz led a research and litigation effort to expose the governor's secretive practice of withholding records under claims of executive privilege.
Reitz frequently comments on public policy issues and has been cited by The Wall Street Journal, the Los Angeles Times, The Boston Globe, The Seattle Times and other publications. He is a co-author of "To Protect and Maintain Individual Rights," a reference guide to the Declaration of Rights in the Washington Constitution. Reitz received his law degree from Oak Brook College of Law and Government Policy. He is a member of the Washington bar and is admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
The Washington Supreme Court and the State Constitution: A 2010 Assessment
Michael Bindas, Michael J. Reitz, David K. DeWolf
The Washington State Supreme Court plays an important role, often affecting the lives of Washington's...
The Washington Supreme Court and the State Constitution: A 2010 Assessment
Michael Bindas, Michael J. Reitz, David K. DeWolf
The Washington State Supreme Court plays an important role, often affecting the lives of Washington's...
Doe v. Reed and the Role of Anonymity in a Democracy
John C. Fortier, Robert Frommer, Allison R. Hayward
In April 2010 the U.S. Supreme Court heard oral arguments in Doe v. Reed. The...
United States Supreme Court: Nomination and Confirmation Process
Thomas C. Goldstein, William K. Kelley, David R. Stras, Sarah L. Wilson, Rachel L. Brand
Justice Stevens has announced his resignation from the U.S. Supreme Court, and much of the...
Washington Supreme Court Upholds School Funding Structure: Disparities in School Employee Pay Not Unconstitutional
Michael J. Reitz
On November 12, 2009, the Washington State Supreme Court unanimously declined to declare as unconstitutional...
Montana Supreme Court: Physician-Assisted Suicide Is an End-of-Life Option
Rita L. Marker
On the last day of 2009, Montana’s Supreme Court handed down its ruling in Baxter v....
Washington Supreme Court Upholds At-Will Employment: Employees Who Object to “Bad Boss” Are Not Protected from Termination
Michael J. Reitz
The Washington State Supreme Court narrowly affirmed an employer’s right to terminate employees who disagree...
Fighting Judicial Activism in Washington
John Cornyn, Dan Morenoff
On October 16, 2009, Senator John Cornyn delivered an address before the Dallas Lawyers Chapter...
Fighting Judicial Activism in Washington
Dallas Lawyers Chapter
Dallas, TXACORN Sues Pennsylvania AG Corbett Over Voter Fraud Allegations
Aaron Merrill
On July 22nd in Pittsburgh's federal court, the Association of Community Organizers for Reform Now...