Michael Peña is a Litigation Fellow at the Institution for Justice in its Austin office. Before coming to IJ, Michael served as a law clerk in the U.S. District Court for the Northern District of Texas and then spent a year in Dallas at a big law firm.
Michael is a San Antonio native and received his undergraduate degree in philosophy at the University of the Incarnate Word. He went on to graduate from the University of Virginia School of Law as a Karsh-Dillard Scholar. During law school, Michael was on the editorial board of the Virginia Journal of Social Policy & the Law and was Vice President of the St. Thomas More Society. He also spent a summer as a law clerk at the Special Litigation Unit for the Texas Office of the Attorney General.
Michael is also a former team leader and combat veteran of the U.S. Army. He deployed to Iraq and Afghanistan and earned several merit-based awards. His company received the Valorous Unit Award for extraordinary heroism in support of Operation Enduring Freedom.
Michael's Cases
4th Amendment Project | First Amendment | First Amendment Retaliation | Immunity and Accountability | Private Property
Arrested and Prosecuted for his Reporting, Citizen Journalist Defends His First Amendment Rights with Federal Lawsuit
Justin Pulliam, a citizen journalist in Texas, was arrested and prosecuted for his reporting on the activities of the Fort Bend County Sheriff. He is defending his First Amendment rights with a federal lawsuit.
Code Enforcement | Fines and Fees | Private Property
California County Caught Fining Innocent Homeowners $10,000 Per Day for Offenses They Did Not Commit
In Humboldt County, the government issues ruinous fines for things people didn’t do because it doesn’t bother to investigate. Innocent landowners then have to appeal the fines to prove their innocence at a hearing the…
Immunity and Accountability | Private Property
Former Texas Prosecutor Worked as a Law Clerk in His Own Cases, Giving the Government an Unfair Advantage Over Those He Prosecuted
Everybody knows your prosecutor can’t also be your judge. Everyone, that is, except for former Midland County, Texas, prosecutor Ralph Petty, his supervisor, and the county’s entire system of justice. Petty spent 20 years moonlighting…
Michael's Podcasts
November 07, 2025
Short Circuit 401 | Government Fails Rational Basis Test for Once
The balance between free speech, campus order, and fighting antisemitism has been a major flashpoint the last couple of years and it just hit the […]
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