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. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
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, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. He also often posts at the CJE Blog, especially on state constitutional law where he regularly features with his “State Con Law Case of the Week.” Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, 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 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, and the American Society for Legal History. 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.
Anthony’s Events
Baby Ninth Live Online Book Forum
Join us online for the launch of an inspiring new book from Anthony Sanders of the Institute for Justice, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters.
Clark Neily will talk with Anthony Sanders about his new book. Join us online on May 10 at noon EST.
May
10
Protecting our Freedoms: State Constitutions, Baby Ninth Amendments, and Understanding our Rights
Please join the Philadelphia Lawyers Chapter for an evening reception and event featuring Anthony Sanders. Anthony will be discussing his new book, “Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why it Matters.”
Members: $10
Non Members: $25
1 Hour CLE credit available.
May
24
Author Meet and Greet
Meet the author of the new book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters, published by University of Michigan Press. Joined by others from the Institute for Justice, Anthony Sanders will give some brief remarks about the book and be available for attendees to engage him and others from IJ about it and the wider work of the national law firm for liberty.
Thursday, May 25, 2023. The Admiral, 1 Dupont Circle NW, Washington, D.C. 20036 from 5pm-7pm EST.
Books available for sale and signing as well as free appetizers and drink tickets!
May
25
Anthony’s research
Anthony’s interviews and speeches
November 29, 2023
Short Circuit 300 | The Cause of Action Community
Podcast (short-circuit): Play in new window | Download
It’s all about rights and voting this week. With a cause of action twist. We dig into the right to sue to enforce voting rights […]
Read MoreAnthony's Cases
Economic Liberty | First Amendment | First Amendment Retaliation | Transportation
Coast Guard-empowered private association concocts reasons to keep an experienced captain from working
Captain Matthew Hight thought he would earn a living navigating cargo carriers on the Great Lakes. Instead, an unholy alliance of a federal bureaucracy and a legalized monopoly suddenly rendered him a castaway. Now he’s…
Code Enforcement | Fines and Fees | Private Property
Lawsuit Challenges Doraville, Ga. Practice of Using Traffic Tickets and Other Fines to ‘Police for Profit’
The Supreme Court has made it clear that it is unconstitutional for a justice system to be influenced by perverse incentives to raise municipal revenue. That’s why two Doraville homeowners and two Doraville drivers have…
Economic Liberty | Food Freedom | Wine
Minnesota Farm Wineries Fight for Free Trade
A little-known but onerous state law prevented Minnesota vineyards from making a majority of their wine from grapes grown outside Minnesota. IJ partnered with two vineyards to fight this law, and eventually a federal district…
Code Enforcement | Fines and Fees | Private Property
Eminent Domain in Disguise: Putting an End to Charlestown, Ind.’s Unconstitutional Home Inspection Scheme
A small-town mayor in rural Indiana has made it his personal mission to oust the residents of a tight-knit working-class neighborhood, bulldoze their homes and build a fancy new subdivision for much wealthier people. The…
Economic Liberty | Occupational Licensing | Transportation
Cabbies Fight for Freedom: Victorious Cab Drivers Head Back to Court for Second Showdown with Milwaukee’s Taxi Cartel
In response to an IJ lawsuit, Milwaukee lifted its cap on the number of taxis. But the city’s powerful taxi cartel sued to block this reform. Now two cab drivers have again joined with IJ…
First Amendment | Political Speech
Donors, Candidates Sue to Overturn Restrictive Campaign Finance Law: Minnesota Regulation Dishes Out First Amendment Rights on a First-Come, First-Served Basis
A Minnesota regulation dishes out First Amendment rights on a first-come, first-served basis.
Economic Liberty | Occupational Licensing | Transportation
Ridesharing Drivers Fight Back; Join Lawsuit to Challenge Chicago’s Cab Cartels
Armed with little more than their smartphones and cars, a small group of entrepreneurs are driving innovation in an industry that has been dominated by a cartel of cab owners and a regulatory framework originally…
Private Property | Rental Caps
Slamming the Door on Rental Bans: Winona Homeowners Stand Up for Their Property Rights
Government officials in Winona, Minn., are imposing a restriction on the number of homeowners who can rent out their properties, harming both homeowners and renters alike. Not only is this policy unwise, it is also…
4th Amendment Project | Private Property | Rental Inspections
Red Wing Rental Inspections
Under Red Wing, Minn.’s rental inspection ordinance, it is easier for the government to force its way into the homes of law-abiding citizens than to search the home of a suspected criminal.
Anthony's Amicus Briefs
Carr v. Saul
Grienpentrog v. Minnesota Department of Health
Minnesota Court of Appeals
Zweber v. Credit River Township
Minnesota Supreme Court
City of Los Angeles v. Patel
US Supreme Court
Mount Holly v. Mount Holly Gardens Citizens in Action, Inc.
U.S. Supreme Court
Dolphy v. Minneapolis
Minnesota Court of Appeals
Wisconsin Prosperity Network, Inc. v. Myse
Wisconsin Supreme Court
Minnesota Admission to Practice Law
Minnesota Supreme Court