Monday, August 17, 2015

What a Quarter Century of Public Interest Litigation Practice Looks Like

From time to time, I publish posts on topics related to law, to legal history, to politics, to elections, and the like. It occurs to me that you might want to have some idea about the writer of these posts. So I am using this blog post to introduce you to the professional side of me.

James Matthew Henderson, Sr.
Contact Information Available Via Email 
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Executive Profile

Accomplished appellate and trial litigation counsel.  Highly skilled team leader.  Effective written and oral advocate. Perceptive, innovative, positive.  Talented and inspiring instructor and mentor.

Skill Highlights

           Federal Constitutional Law   
           Legal Research and Writing, Trial and Appellate
           Drafting Litigation Documents
           Skilled Legal Editor
           Client Management
           Section 1983 Civil Rights Actions
           Oral Advocacy


American Center for Law and Justice, Inc., Washington, DC

Senior Counsel, July 1992 to September 2012 
Led and directed trial and appellate litigation of federal constitutional and civil rights cases. Organized, lead and supervised team litigation of staff attorneys in Washington, DC, Virginia Beach, Virginia and Nashville, Tennessee. Conducted all aspects of preparation, trial and appeal, including fact development, legal research and writing and trial practice. Researched and wrote on legislative issues related to mission of the Center or to questions of federal constitutional or civil rights law. Initiated organizational system of demand correspondence for the representation of clients to resolve disputes in advance of litigation.

Emily Echols et al. v. FEC.
Supreme Court 2003.
Bipartisan Campaign Reform Act of 2002 ban on campaign contributions by minors held unconstitutional. Lead counsel in three judge district court.  Drafted all documents including trial  brief.  Successfully argued before three judge district court. Co-Counsel in US Supreme Court.  Drafted Summary Affirmance Motion, Motion on Divided Argument, and Appellee's Brief.  Assisted arguing counsel with preparation for argument.

Hill v. Colorado.
Supreme Court 2000.
State statute restricting speech at health care facilities held constitutional. Lead counsel in Jefferson County District Court, Colorado Court of Appeals and Colorado Supreme Court.  Drafted all documents, including discovery devices, summary judgment briefing, and appellate briefs, and first round Petition for Writ of Certiorari in the US Supreme Court. Co-Counsel in US Supreme Court.  Drafted Petition for Writ of Certiorari and Reply Supporting Petition, Drafted Petitioners' Brief and Reply Brief.  Assisted arguing counsel with  preparation for argument.

Lamb's Chapel v. Center Moriches Union Free School District.
Supreme Court 1993.
School district exclusion of church from using school facility after hours because  of its religious content overturned. Co-counsel in US Supreme Court.  Edited Petitioner's Brief and Reply Brief.  Assisted Arguing Counsel with preparation for argument.

Bray v. Alexandria Women's Health Clinic.
Supreme Court 1993.
Ku Klux Klan Act of 1871 does not apply to women seeking abortions. Trial Counsel in District Court, drafting all pleadings and briefs. Co-Counsel in US Supreme Court.  Edited Petition for Writ of Certiorari and Reply Supporting Certiorari, both Petitioners' Briefs and Reply Briefs, and assisted arguing counsel with preparations for both arguments.

Evergreen Association v. City of New York.
US Court of Appeals for the Second Circuit 2014. 
US District Court for the Southern District of New York 
City of New York enjoined from enforcing speech restrictions against crisis pregnancy. Lead Counsel in District Court and US Court of Appeals.  Argued preliminary injunction motion successfully in trial court, argued in US Court of Appeals for affirmance. Organized and lead team litigating in trial and appeals court.

Bynum v. U.S. Capitol Police Board.
US District Court for the District of Columbia 2000.
USCPB enjoined from enforcing a prohibition of praying as a form of demonstration in the public areas of the United States Capitol. Lead Counsel.  Drafted all documents and argued successful injunction motion.

Mahoney v. Babbitt.
US Court of Appeals for the DC Circuit 1997.
Emergency injunction granted on emergency appeal barring National Park Service from carrying out threatened arrest of protestors criticizing newly re-inaugurated President. Lead Counsel in District Court and US Court of Appeals.  Drafted all documents in both courts and argued the case.

Ex Parte: Reverend Keith Tucci.
Texas Supreme Court 1992.
Texas Court of Civil Appeals 1992.
Seven ministers protested the issuance of an injunction effectively preventing prayer on public sidewalk were arrested when they violated the injunction.  Texas Supreme Court ordered ministers  released on habeas. Co-Counsel in 1st Court of Appeals and Texas Supreme Court.  Drafted Petitions for Writ of Habeas Corpus resulting in order releasing Petitioners.

Jews for Jesus v. Massachusetts Bay Transportation Authority
US Court of Appeals for the First Circuit 1993.
US District Court for the District of Massachusetts 1991.
Judgment striking complete ban on distribution of free literature on station platforms sustained. Lead Counsel in District Court and US Court of Appeals.  drafted all documents and briefs, including trial brief and Appellees' Brief in the US Court of Appeals. Argued at District Court and US Court of Appeals.

Regent University School of Law

Adjunct Professor of Law and Director of Washington Program, 2004-2011

Directed Washington, DC, Semester Experience Program for Regent University School of Law, an American Bar Association accredited law school. Supervised participating law students participating in 255 hour externship program each semester of the program. Taught three credit hour course on advanced constitutional law. Taught one hour Law Practice Lecture Course. Progressively improved externship program to satisfy Law School upper level writing and oral advocacy requirements.
Advanced Constitutional Law: The Law of Religious Liberties
Three credit hour course on the history of, and the law of, religious liberties beginning with Colonial America to the present day. Consistent rated superior by students participating in program

Legal Practice
One hour course on legal practice basic skills, covering drafting
pleadings, motions, memoranda, scheduling orders, discovery devices,
and covering oral advocacy. Recognized by faculty as providing students necessary writing and oral advocacy opportunities to satisfy upper level writing and oral advocacy requirements.

Christian Advocates Serving Evangelism, Washington, DC

Litigation Counsel, October 1989 to July, 1992
Trial and appellate litigation of federal constitutional and civil rights cases. Litigation including all aspects of preparation, trial and appeal, including factual development, legal research, legal writing and trial practice. Research and writing on legislative issues related to mission of the Center.
United States v. Kokinda.
Supreme Court 1990
Decision of US Court of Appeals for the Fourth Circuit that soliciting political donations on post office sidewalk enjoyed First Amendment protection against postal service restrictions reversed. Co-Counsel in Supreme Court. Assisted Lead Counsel in preparation of brief and reply brief, and assisted lead counsel in oral argument preparation.

Henderson v. Lujan.
US Court of Appeals for the DC Circuit 1992.
Injunction barring enforcement of ban on free distribution of literature on public sidewalk in public  park affirmed. Lead Counsel in US Court of Appeals. Drafted Appellee's Brief and argued at US Court of Appeals.

Zauber v. Stone Mountain Memorial Association.
Georgia Supreme Court ()
DeKalb County Superior Court ()
Injunction barring enforcement of ban on free distribution of literature in Georgia's Stone Mountain Park affirmed. Co-Counsel in Georgia Supreme Court, Drafted Appellee's Brief and Reply Brief, assisted Counsel in preparation for argument. Lead Trial Counsel in Dekalb County Superior Court, first chair counsel on motions and trial.

National Organization for Women v. Operation Rescue.
US District Court for Washington, DC
US District Court for Maryland 
US District Court for the Eastern District of Virginia
Injunctions against abortion business blockades by nonviolent protestors under Ku Klux Klan Act of 1871 reversed. Lead Counsel in Washington, DC and Maryland litigation, Co-Counsel in Eastern District of Virginia. Drafted oppositions to motions for preliminary injunctions, oppositions to orders to show cause on contempt, and on attorneys fees.

Mahoney and Christian Defense Coalition v. District of Columbia
US District Court for the District of Columbia 1990.
Emergency ordinance restricting picketing and demonstrating on public ways near medical facilities in the City of Washington enjoined. Lead Counsel.  Drafted all documents and argued successful preliminary injunction motion.

Free Speech Advocates, New Hope, KY

Staff Counsel, October 1987 to October, 1989

Trial and appellate litigation of federal constitutional and civil rights cases. Litigation including all aspects of preparation, trial and appeal.
Bar Admissions

Commonwealth of Kentucky (No. 82072)
District of Columbia (No. 452639)
Supreme Court of the United States
US Courts of Appeal for the First, Second, Fourth, Sixth, Eighth and Tenth Circuits
US District Courts for the Western District of Kentucky, the District of Columbia, the District of Colorado and the Southern District of Indiana


Sekulow, Henderson, Broyles, Religious Freedom and the First Self-Evident Truth: Equality as a Guiding Principle in Interpreting the Religion Clauses, 4 Wm. & Mary Bill of Rights J. (Issue 1) (1995)

Sekulow, Henderson, Tuskey, Proposed Guidelines for Student Religious Speech and Observance in Public Schools, 46 Mercer L. Rev. 1017 (1995)

"The Public Forum Doctrine in Schools," 69 St. John's Law Review 529, Symposium, "Twenty-Five Years After Tinker: Balancing Students' Rights" (Summer-Fall 1995). 

"Poor Way to Quash Protestors", Nat'l Law Journal (March, 30, 1992)

Missouri Home Education: Free at Last?, 6 St. Louis U. Pub. L. Rev. 355 (1987)


St. Louis University School of Law, JD, May 1987

            Law Review
                 Staff, St. Louis University Public Law Forum 1985-86
                 Managing Editor, St. Louis Univ. Public Law Review 1986-87

            Honors and Awards
                 Thomas J. White Family Foundation Fellow in Public Law and
                      Government, 1985-87

            Graduated Top Third of Class

                 Federalist Society, 1985-87
                 Christian Legal Society, 1984-87

University of North Carolina at Wilmington, BA in Biology, August 1981