Supreme Court Matters

We have extensive experience with every aspect of Supreme Court practice, from briefing and arguing merits cases, to petitioning for and opposing certiorari, to handling original and appellate jurisdiction matters, to interacting with the Office of the Solicitor General.  Year in and year out, we handle some of the highest-profile cases at the Court.  And year in and year out, we get results.  Over the past three Terms alone, we have argued 14 cases and prevailed in 12.  Many of our merits cases come from our own petitions for certiorari, and we have even secured relief for several clients based on our petitions alone.  We have successfully litigated both alongside and against the United States and all manner of federal agencies, and we have successfully secured certiorari over the federal government’s opposition and successfully opposed certiorari when the federal government has sought it.

Our Supreme Court experience spans a broad array of areas for a diverse collection of clients.  Representative matters handled by our attorneys include:

Kennedy v. Bremerton School District: successfully represented high school football coach in a landmark First Amendment case vindicating the rights of public school employees to engage in personal religious exercise

New York State Rifle and Pistol Association v. Bruen: successfully represented individuals and state association in landmark Second Amendment case vindicating the rights of law-abiding New Yorkers to carry handguns for self-defense

Viking River Cruises v. Moriana: successfully represented Viking in a closely watched case holding that the Federal Arbitration Act preempts California’s effort to preclude employees from waiving the right to assert representative actions under the state’s Private Attorneys General Act

City of Tahlequah, Oklahoma v. Bond: successfully represented Tahlequa in securing a summary reversal holding police officers entitled to qualified immunity in an excessive-force case

PennEast Pipeline Company v. New Jersey: successfully represented PennEast in a high-stakes energy case holding that the federal government may delegate its eminent domain power to a FERC-approved interstate pipeline project without running afoul of the 11th Amendment

Yellen v. Confederated Tribes of the Chehalis Reservation: successfully represented Alaska Native Corporations (ANCs) in a tribal law case holding that ANCs are “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act and eligible for funding available to “Tribal governments” under the CARES Act

TransUnion v. Ramirez: successfully represented TransUnion in a landmark standing case holding that class members seeking money damages must prove actual, not just statutory, injury to satisfy Article III

Facebook v. Duguid: successfully represented Facebook in securing a unanimous decision adopting a narrow interpretation of the Telephone Consumer Protection Act

Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania; Zubik v. Burwell;Burwell v. Hobby Lobby Stores, Inc.: thrice successfully protected the rights of religious non-profit organizations to provide health insurance in a manner consistent with their beliefs

United States Forest Service v. Cowpasture River Preservation Association: successfully represented Atlantic Coast Pipeline in a complex statutory case holding that the U.S. Forest Service may grant rights-of-way beneath national forest land traversed by the Appalachian Trail

Maine Community Health Options v. United States: successfully represented health insurers in a $12 billion case holding that the United States must abide by its payment obligations under the Affordable Care Act

Roman Catholic Archdiocese of San Juan, Puerto Rico v. Feliciano: successfully represented the Archdiocese in securing summary vacatur of an extraordinary decision purporting to hold every Catholic entity in Puerto Rico jointly and severally liable for millions of dollars in pension obligations of three parochial schools

Rucho v. Common Cause: successfully represented the North Carolina General Assembly in a landmark case holding that partisan gerrymandering claims present nonjusticiable political questions