Happy Warriors At The Podium

To argue a case at IJ is not just to recite precedent—it is to walk into a courtroom where every question can turn the case and every answer carries the weight of a client’s future. It is to step to the podium with a whole team’s preparation behind you and a conviction that constitutional limits are worth defending in real time, under bright lights and sharper scrutiny. 

The cases are hard. The opponents are powerful. And yet our happy warriors take their place with poise and determination—and this year, they have been called to that moment again and again.

In January, that spirit met the gravity of the 5th Circuit. IJ seeks to revive our lawsuit on behalf of Mississippi property owners whose homes, church, and businesses were branded “slum and blighted” without notice and without any opportunity to appeal. For them, the label was a threat with legal force, and the courtroom was their first real chance to fight back.

IJ’s litigation director, Dana Berliner, has litigated eminent domain cases—including as co-counsel in the infamous Kelo v. New London—for more than 30 years. Armed with that experience, she delivered a clear, cogent message that sparked recognition in the three-judge panel. One judge even mentioned the Little Pink House (the title of the book and movie about the infamous IJ case) and said while posing a hypothetical to the government’s attorney, “I’m Susette Kelo!”

Surrounded by clients and cameras outside the courthouse, Dana fielded the question that hangs over every appeal: What if you lose? She didn’t hesitate. “We would certainly ask the Supreme Court to review, and I think we would win.”

In February, in another courtroom and another circuit, the stakes looked different—but the pressure was just as real. This time, we were defending a victory over sweeping and costly disclosure requirements imposed on money services businesses along the southern border. These rules threatened neighborhood establishments that customers rely on to buy groceries, pay rent, and send money to family members—and the 9th Circuit would decide whether to overturn a ruling that protected this small-business lifeline.

Before the government’s attorney could finish his opening thought, the presentation turned into a cross-examination. The panel bombarded him with questions—many lifted straight from IJ’s briefing. Judges emphasized the irreparable harm done to our clients and demanded an answer for the government’s ever-changing justification for the requirements. Thoroughly excoriated, opposing counsel seemed relieved when his time was up—but the judges refused to let him sit down before they were finished with the interrogation.

IJ Senior Attorney Rob Johnson then stepped to the podium with the panel’s full attention trained on him. The questioning signaled serious engagement with IJ’s arguments. One judge restated IJ’s presentation of the facts, and another cut through the noise with a simple declaration: “I agree with you.”

Later in February, after more than a year of government delays, we were finally in court challenging the DEA and TSA’s “see cash, seize cash” practices. IJ Senior Attorney Dan Alban stood before a federal magistrate judge and distilled the case to its core: The government found no crime, filed no charges, and therefore had no right to keep the money it took from Rebecca Brown at a Pittsburgh airport. With the simple truth on his side, Dan made clear that IJ is prepared to see the case through no matter how long it takes—and that constitutional rights do not vanish when you’re walking along a jetway.

What the judges saw in those courtrooms were seasoned advocates—steady under pressure, fluent in the law, and ready when the questions came fast. What they did not see were the weeks that made those minutes possible: the moot courts filled with relentless hypotheticals; the paralegals double-checking citations late into the night; the strategy sessions and rewrites with case teams, communications experts, and support staff working together against long odds. 

The cases are hard. The opponents are well funded. But when it’s time to stand and defend our clients, IJ’s happy warriors rise—resolute, prepared, and convinced that the Constitution is always worth fighting for.

Will Lucardi is IJ’s litigation projects and coordination manager.