Anthony Sanders

Director of the Center for Judicial Engagement

Education

University of Minnesota Law School (2004)

Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. He educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government through various means, including live events, books, articles, and podcasts.

One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters.He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. Many can be found on his SSRN page. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, George Mason Law Review, and Rutgers Law Review. He has published opinion pieces in leading newspapers across the country and has been a contributor to various journals including The Unpopulist, the Brennan Center’s State Court Report, Discourse Magazine, and Arc Digital. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and British constitutional history. Additionally, he hosts the weekly Short Circuit podcast which often records live in front of law student audiences.

Anthony has litigated several cases concerning state constitutional protections in various state courts, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.

Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He now serves as an Adjunct Professor at the law school. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. He is a member of the Federalist Society, the Selden Society, the American Society for Legal History, the Historical Writers Association, and the Minnesota Supreme Court Historical Society. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State and Alderney in the British Channel Islands.

Anthony’s publications

Baby Ninth Amendments

How Americans Embraced Unenumerated Rights and Why It Matters

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. But there are an infinite number of rights a constitution could protect. However many rights are put in a constitution, others are going to be left out. So what is a constitution drafter to do? Luckily, early in American history a few drafters found an easier way: an “etcetera clause.” It states that there are other rights beyond those specifically listed. The most famous etcetera clause is the Ninth Amendment to the U.S. Constitution, which states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, however, things are much clearer when it comes to state constitutions. Two-thirds of state constitutions have equivalent provisions, or “Baby Ninth Amendments,” worded similarly to the Ninth Amendment.

Apr
10

Conference on “The Other Declarations of 1776”

Arlington, VA
April 10, 2026

The Institute for Justice’s Center for Judicial Engagement and the Liberty and Law Center at Antonin Scalia Law School are pleased to announce a conference: “The Other Declarations of 1776.” While 2026 marks…

Anthony’s research

En Banc or In Bank? Take a Seat…

Bolch Judicial Institute
Duke Law School

Reasonable Doubt About James Bradley Thayer

Elon Law Review vol. 18 (forthcoming)

Montana’s Basic Necessities Clause and the Right to Earn a Living

Anthony B. Sanders, Montana’s Basic Necessities Clause and the Right to Earn a Living, 84 Mont. L. Rev. 75 (2023).

Anthony’s interviews and speeches

Short Circuit 433 | Bond Hearing Without Lawyer

After an arrest, is the decision on whether a defendant can get out on bond while their prosecution proceeds a “critical stage’? In the Eighth […]

Anthony’s publications

Baby Ninth Amendments

How Americans Embraced Unenumerated Rights and Why It Matters

Anthony’s Events

Anthony’s research

En Banc or In Bank? Take a Seat…

Reasonable Doubt About James Bradley Thayer

Montana’s Basic Necessities Clause and the Right to Earn a Living

Anthony’s interviews and speeches

Anthony’s latest writing

Anthony's Cases

Anthony's Amicus Briefs

Carr v. Saul

Grienpentrog v. Minnesota Department of Health

Zweber v. Credit River Township

City of Los Angeles v. Patel

Mount Holly v. Mount Holly Gardens Citizens in Action, Inc.

Dolphy v. Minneapolis

Wisconsin Prosperity Network, Inc. v. Myse

Minnesota Admission to Practice Law

Anthony's News, Articles & Publications

Anthony's Letters & Statements

Eastville Fines and Fees Statement

Anthony's Podcasts

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