Overview
The former Solicitor General of West Virginia, Elbert chairs the firm’s Issues and Appeals practice. He has led many precedent-setting cases in appellate courts across the country, including a US Supreme Court victory called “the court’s most severe rebuke of a president” since the Truman administration (The Washington Post 2016). Elbert has been described by clients as a “terrific oral advocate” (Chambers USA 2021) and an “amazing thinker [and] strategist” (Chambers USA 2024).
With experience in the private sector and multiple branches of government, Elbert’s practice spans a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. He has argued more than 60 cases in state and federal appellate courts, including before the US Supreme Court and several en banc courts of appeals.
In 2013, Elbert was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, Elbert served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and supervised the state’s federal litigation. He authored more than 25 briefs in the US Supreme Court and more than 45 formal Opinions of the Attorney General.
Earlier in his career, Elbert was a partner in the appellate and communications litigation groups of a national law firm and served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Elbert speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council.
Elbert is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; and the U.S. District Courts for the District of Columbia, the District of Massachusetts, the Eastern and Western Districts of Virginia, and the Northern and Southern Districts of West Virginia.
Experience
- Sackett v. EPA, 143 S. Ct. 1322 (2023) (represented amicus curiae in advancing an interpretation of the geographic reach of permitting requirements under the Clean Water Act that was adopted by the Supreme Court)
- Dewberry Engineers Inc. v. Dewberry Group, Inc., ,77 F.4th 265 (4th Cir. 2023) (obtained affirmance of permanent injunction and multi-million-dollar damages and fee award in trademark infringement case)
- Ramaco Resources, LLC v. Federal Insurance Company, 74 F.4th 255 (4th Cir. 2023) (obtained decision restoring multi-million-dollar insurance verdict on ground that district court misinterpreted policy language in amending the jury verdict)
- Union Electric Co. v. EPA, No. 23-1751 (8th Cir. 2023) (obtained stay of Environmental Protection Agency rejection of Missouri state implementation plan for compliance with ozone “good neighbor” requirements)
- Kentucky Chamber of Commerce v. EPA, No. 23-5345 (6th Cir. 2023) (obtained stay of EPA and US Army Corps’ 2023 “Waters of the United States” rule for members of the U.S. Chamber of Commerce and several other trade associations)
- Kentucky Chamber of Commerce v. EPA, No. 23-5345 (6th Cir. May 10, 2023) (obtained injunction pending appeal of new rule defining “Waters of the United States” for purposes of Clean Water Act jurisdiction)
- Blankenship v. NBCUniversal, LLC, et al., 60 F.4th 744 (4th Cir. 2023) (defended news organization against claim of defamation by former candidate for US Senate).
- State v. Beaver, No. 22-616, 2022 WL 17038564 (W. Va. Nov. 17, 2022) (represented amici curiae in defending constitutionality of West Virginia’s education savings account law).
- West Virginia v. EPA, 142 S.Ct. 420 (2022) (represented intervenor defending EPA’s repeal of prior administration’s Clean Power Plan under the “major questions doctrine”).
- Page v. Oath Inc., 270 A.3d 833 (Del. 2022) (obtained positive decision for news organization in opinion providing important guidance on key principles of defamation).
- New York State Rifle & Pistol Ass’n., Inc. v. Bruen, 142 S. Ct. 2111 (2022) (represented Asian Pacific American Gun Owners Association in amicus brief cited in concurring opinion).
- Steven Recht v. Patrick Morrisey, 32 F.4th 395 (4th Cir. 2022) (argued as counsel for amicus curiae supporting West Virginia in First Amendment case defending first-of-its-kind state law prohibiting certain deceptive attorney advertisements).
- SWN Production Company, LLC v. Kellam, 875 S.E.2d 216 (W.Va. 2022) (briefed and argued certified questions concerning vitality of several West Virginia high court decisions governing oil-and-gas leases).
- In re Yahoo! Inc. Customer Data Security Breach Litigation, No. 20-16633, 2022 WL 2304236 (9th Cir. June 27, 2022) (defended class action settlement arising from a data breach).
- Serna v. Northrop Grumman Sys. Corp., No. 21-55238, 2022 WL 2702569 (9th Cir. July 12, 2022) (defended arbitration decision and obtained opinion reaffirming, among other things, that arbitration clauses may require arbitration of future claims even if the clause has expired or been superseded).
- Connor v. Covil Corporation, 996 F.3d 143 (4th Cir. 2021) (obtained affirmance in opinion setting forth significant new guidance on the question of substantial-factor causation in mesothelioma cases).
- Young v. Equinor USA Onshore Properties, Inc., 982 F.3d 201 (4th Cir. 2020) (obtained reversal in opinion setting forth important new guidance on interpretation of oil-and-gas leases in West Virginia).
- U.S. Army Corps of Engineers, et al. v. N. Plains Res. Council, et al., No. 19A1053, 2020 WL 3637662 (U.S. July 6, 2020) (obtained stay of district court order imposing nationwide injunction of general Clean Water Act permit).
- County of Maui v. Hawai‘i Wildlife Fund, 139 S. Ct. 1164 (2020) (obtained certiorari and vacatur of lower court judgment requiring federal permit under Clean Water Act for discharge into navigable waters).
- Diageo Dominicana, S.R.L. v. United Brands, S.A., No. 3D18-1989, 2020 WL 2892566, at *1 (Fla. Dist. Ct. App. June 3, 2020) (obtained reversal on appeal of jury verdict finding breach of implied covenant of good faith and fair dealing and for affirmance on cross-appeal of trial court’s denial of motion for new trial).
- Johnston v. Regal Entertainment Group, 787 F. App'x 413, 414 (9th Cir. 2019) (obtained affirmance of decision, in case of first impression, refusing to require movie theaters to create closed captioning under the Americans with Disabilities Act).
- Page v. United States Agency for Glob. Media, 797 F. App'x 550 (2d Cir. 2019) (defended decision dismissing defamation action against Oath, Inc.).
- In re del Valle Ruiz, 939 F.3d 520 (2d Cir. 2019) (defended decision finding that district court lacked personal jurisdiction to order Spanish bank to produce documents in aid of a foreign proceeding).
- Morrisey v. W. Virginia AFL-CIO, 842 S.E.2d 455 (W. Va. 2020) (counsel for US Chamber of Commerce supporting West Virginia Attorney General’s appeal overturning permanent injunction issued against state’s right to work law).
- State ex rel. Blankenship v. Warner, 825 S.E.2d 309 (W. Va. 2018) (represented West Virginia Republican Party as intervenor in case affirming constitutionality of state’s “sore loser” law barring candidates who lose in primary election from running as independents in general election).
- St. Mary’s Medical Center, Inc. v. Steel of West Virginia, Inc., 809 S.E.2d 708 (W. Va. 2018) (obtained, in case of first impression, reversal of order compelling West Virginia Attorney General to disclose antitrust investigation documents under state Freedom of Information Act).
- McNair v. Johnson & Johnson, 818 S.E.2d 852 (W. Va. 2018) (argued for and obtained opinion rejecting new theory of innovator liability seeking tort relief against drug manufacturers for products they did not make or sell).
- Christie v. National Collegiate Athletic Association, 137 S. Ct. 2327 (2017) (lead counsel for five states as amici curiae obtaining grant of certiorari, over opposition by the United States, in constitutional challenge to a federal statute concerning sports gambling).
- Morrisey v. West Virginia AFL-CIO, 804 S.E.2d 883 (W. Va. 2017) (obtained, on behalf of State of West Virginia and West Virginia Attorney General, reversal of preliminary injunction issued against state’s right-to-work law).
- Lund v. Rowan County, NC, 863 F.3d 268 (4th Cir. 2017) (en banc) (argued on behalf of 13 states as amici curiae on question of first impression concerning constitutionality of exclusively lawmaker-led legislative prayer at a county commission meeting).
- Samples v. Ballard, 860 F.3d 266 (4th Cir. 2017) (argued before Fourth Circuit, in case of first impression, that federal district court need not review de novo unexhausted habeas corpus claims not previously raised in the case).
- State v. Butler, 799 S.E.2d 718 (W. Va. 2017) (argued on behalf of West Virginia Attorney General as amicus curiae in case refusing application of the state’s hate-crimes law).
- State v. Peterson, 799 S.E.2d 98 (W. Va. 2017) (argued on behalf of the State of West Virginia in case affirming that prosecutor’s failure to disclose alleged statement by witness was not a Brady violation).
- Gray v. Ballard, 848 F.3d 318 (4th Cir. 2017) (argued for and obtained denial of habeas corpus in a case establishing the standard for due diligence in the Fourth Circuit under 28 U.S.C. § 2254(d)(1)(D)).
- West Virginia v. EPA, No. 16-1363 (D.C. Cir.) (en banc) (argued on September 27, 2016, on behalf of 27 states in a case challenging EPA’s Clean Power Plan).
- Lund v. Rowan County, NC, 837 F.3d 407 (4th Cir. 2016) (represented 13 states as amici curiae on question of first impression concerning constitutionality of exclusively lawmaker-led legislative prayer at a county commission meeting).
- State v. Louk, 786 S.E.2d 219 (W. Va. 2016) (argued on behalf of the State of West Virginia that individual whose unborn child died due to drug use could be charged with criminal child neglect).
- State ex rel. Biafore v. Tomblin, 782 S.E.2d 223 (W. Va. 2016) (argued on behalf of the State of West Virginia as amicus curiae in case holding that vacancy for a resigning state senator, who had changed political parties mid-term, must be filled by member of the resigning senator’s party at the time of the resignation).
- Ross v. Blake, 136 S. Ct. 1850 (2016) (lead counsel for 22 states as amici curiae supporting petitioner’s position in case involving exhaustion requirement under the Prison Litigation Reform Act).
- US Army Corps of Engineers v. Hawkes, 136 S. Ct. 1807 (2016) (lead counsel for 23 states as amici curiae supporting respondent’s position in case concerning the appealability of a determination by the US Army Corps that certain waters or lands are subject to federal jurisdiction).
- Franchise Tax Board of California v. Hyatt, 136 S. Ct. 1277 (2016) (lead counsel for 44 states as amici curiae supporting petitioner in case where Supreme Court divided evenly on question of a state’s sovereign immunity in courts of other states).
- West Virginia v. EPA, 136 S. Ct. 1000 (2016) (obtained, as lead counsel on behalf of 29 states and state agencies, first ever stay from US Supreme Court of an agency rule while the merits of the rule are being reviewed in lower courts).
- Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015) (lead counsel for 10 states as amici curiae supporting petitioner’s First Amendment challenge to town ordinance regulating signs based on content).
- Plumley v. Austin, 135 S. Ct. 828 (2015) (Thomas, J., dissenting from denial of certiorari) (sought certiorari on behalf of State of West Virginia from a grant of habeas corpus on grounds of judicial vindictiveness).
- In re Clean Water Rule: Definition of “Waters of the United States,” 140 F. Supp. 3d 1340 (J.P.M.L. 2015) (argued on behalf of 18 states against an effort by the federal government to centralize pretrial proceedings for multiple challenges in federal district courts to rule defining the Clean Water Act’s jurisdictional term “Waters of the United States”).
- In re EPA, 803 F.3d 804 (6th Cir. 2015) (obtained nationwide stay on behalf of 18 states against EPA and US Army Corps’ “Waters of the United States” Rule).
- West Virginia Dept. of Health & Human Resources v. E.H., 778 S.E.2d 643 (W. Va. 2015) (argued on behalf of state agency that state trial court order mandating pay raises at state-run psychiatric hospitals violated constitutional separation of powers).
- Watkins v. Rubenstein, 802 F.3d 637 (4th Cir. 2015) (argued for and obtained reversal of a grant of habeas corpus in a case involving a claimed Brady violation).
- Christian v. Ballard, 792 F.3d 427 (4th Cir. 2015) (argued for and obtained denial of habeas corpus in a case involving alleged ineffective assistance of counsel).
- In re Murray Energy Corp., 788 F.3d 330 (D.C. Cir. 2015) (argued on behalf of 12 states as petitioner-intervenors that EPA should be prohibited from finalizing proposed Clean Power Plan rule).
- State v. Gum, 764 S.E.2d 794 (W. Va. 2014) (argued on behalf of the State of West Virginia in case holding that the constitutional right to a jury trial does not apply to hearings for an incompetent defendant to establish defenses, because such hearings are civil and not criminal).
- Calvary SPV v. Morrisey, 752 S.E.2d 356 (W. Va. 2013) (argued in case holding that the West Virginia Attorney General has authority to issue investigative subpoenas under the West Virginia Consumer Credit and Protection Act).
- State v. Lambert, 750 S.E.2d 657 (W. Va. 2013) (argued in case holding that statement of non-testifying child to mother was not hearsay and therefore did not violate the Confrontation Clause).
- Conference Group, LLC v. FCC, 720 F.3d 957 (D.C. Cir. 2013) (defended FCC order against challenge alleging failure to provide for notice and comment).
- Dow AgroSciences LLC v. National Marine Fisheries Service, 707 F.3d 462 (4th Cir. 2013) (obtained decision reversing as arbitrary and capricious a “biological opinion” issued by the National Marine Fisheries Service on the effects of certain pesticides).
- Obama for America v. Husted, 697 F.3d 423 (6th Cir. 2012) (represented the Ohio Secretary of State against a constitutional challenge to elimination of certain in-person early voting opportunities).
- Litman v. Cellco Partnership, 655 F.3d 225 (3d Cir. 2011) (defended arbitration clause on ground that New Jersey law forbidding class arbitration waivers was preempted by Federal Arbitration Act).
- Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010) (obtained order finding unlawful FCC’s first attempt at a “net neutrality” order).
- Globalstar, Inc. v. FCC, 564 F.3d 476 (D.C. Cir. 2009) (defended FCC order reassigning block of electromagnetic spectrum against challenge alleging order was arbitrary and capricious).
- Williams v. Johanns, 498 F. Supp. 2d 113 (D.D.C. 2007) (obtained order sanctioning opposing counsel for failure to respond to discovery).
- National Family Planning and Reproductive Health Ass’n v. Gonzales, 391 F. Supp. 2d 200 (D.D.C. 2005) (opposed preliminary injunction claiming that federal statute governing Title X funding was unconstitutionally vague, a violation of the Spending Clause, and an unconstitutional delegation to an executive agency).
- Lepp v. Gonzales, 2005 WL 1867723 (N.D. Cal. Aug. 2, 2005) (argued against a Religious Freedom Restoration Act claim concerning federal government’s seizure of marijuana plants).
Accolades
Honors & Recognitions
- Named a Litigation Star, Virginia, Benchmark Litigation, 2022-2025
- Recognized as a Leader in Appellate Litigation, Virginia, Chambers USA, 2021-2024
- Recognized as a Leader in Commercial Litigation, Virginia, Chambers USA, 2021-2024
- Named Best Lawyer for Appellate Practice, The Best Lawyers in America, 2024
- Recognized as a ‘Go To Lawyer’ for appellate law by Virginia Lawyers Weekly, 2023
- Selected as a Super Lawyer for Appellate, The Washington Post Magazine and Virginia & West Virginia Super Lawyers Magazine, 2022-2024
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Named one of Virginia Business magazine’s Legal Elite for Appellate Law, 2020-2022
- Named Future Star by Benchmark Litigation, 2021
- American Academy of Appellate Lawyers, Elected 2020
- Selected as Litigation Trailblazer, The National Law Journal, 2019
- American Law Institute, Elected 2018
- Recognized as Generation Next 40 Under 40, West Virginia State Journal, 2015
- Selected as Future 40, Maverick PAC, 2014
- Selected as a Rising Star, Asian Pacific American Bar Association of the Greater Washington DC Area, 2013
Affiliations
Professional
- Public Member, Administrative Conference of the United States
- Member, John Marshall Inn of Court
- Member, The Federalist Society, Federalism and Separation of Powers Practice Group Executive Committee, 2013–present, Telecommunications and Electronic Media Practice Group Executive Committee, 2011–2013
- Member, Yale College Alumni Schools Committee
- Fellow, American Academy of Appellate Lawyers
Insights
Legal Updates
- 4 Minute ReadJuly 8, 2024Legal Update
- 1 Minute ReadJanuary 31, 2024Podcast
- 3 Minute ReadJune 12, 2023Legal Update
- 4 Minute ReadJanuary 18, 2023Legal Update
- 6 Minute ReadJune 30, 2022Legal Update
- July 13, 2020Legal Update
- April 27, 2020Legal Update
- 6 Minute ReadMarch 23, 2020Legal Update
- January 29, 2020Legal Update
- September 25, 2019Legal Update
- May 23, 2018Legal Update
Events & Speaking Engagements
- November 15, 2024
- November 15, 2024Event
- July 30, 2024Event
- May 2, 2024Event
- May 11, 2023EventSpeakerState Federal Jurisdiction Jumble and the View from State Attorneys General, Energy Bar Association’s 2023 Annual Meeting & Conference, Washington, DC
- April 28, 2023Event
- March 21, 2023Event
- February 27, 2023Event
- December 1, 2022Event
- October 14, 2022Event
- October 13, 2022EventSpeakerThe Expanding Threat of Public Nuisance Law, Retail Industry Leaders Association (RILA) 2023 Retail Law Conference, Atlanta, GA
- September 29, 2022Event
- July 13, 2022Event
- April 14, 2022Event
- October 27, 2021Event
- June 28, 2021Event
- September 22, 2020Event
- August 20, 2020EventPanelistThe Clean Water Act: What’s Happening, What’s Next, and Why Does It Matter To You? Part 1: Scope of CWA Jurisdiction
- July 29, 2020Event
- July 29, 2020EventSpeakerSupreme Court Review Webinar for State and Local Governments, State and Local Legal Center
- April 29, 2020EventPanelistThe Momentous OT 2019 Supreme Court Term, The Federalist Society
- April 28, 2020Event
- April 24, 2020Event
- February 18, 2020Event
- January 7, 2019Event
- October 19, 2018EventPanelistUnited States Supreme Court Clerk Panel, 2018 Defense Research Institute Annual Meeting
- May 14, 2018EventPodcast, Courthouse Steps: Murphy v. National Collegiate Athletic Association Decided, The Federalist Society
- February 28, 2018Event
- January 30, 2018EventPanelistAG Academy, Republican Attorneys General Association, Washington, DC
- December 5, 2017EventPanelistClean Water Act: Law and Regulation, American Law Institute and Environmental Law Institute, Washington, DC
- December 4, 2017EventPodcastCourthouse Steps: Christie v. NCAA, The Federalist Society
- October 30, 2018EventSpeakerSupreme Court Round Up, Long Island Federalist Society Chapter, Mineola, NY
- October 27. 2017EventPanelistState Responses to Federal Executive Power, 2017 University of Richmond Law Review Symposium, Richmond, VA
- October 19, 2017EventJudgeJohn W. Davis Moot Court Final Round, Washington & Lee University School of Law, Lexington, VA
- September 14, 2017EventKeynote SpeakerThe Evolving Role of the State Solicitor General, The Federalist Society 2017 Kentucky Chapters Conference, Frankfort, KY
- September 7, 2017EventPanelistRevisiting Yesterday’s Rules: The Congressional Review Act, Agency Stays, and Beyond, ABA Section of Administrative Law and Regulatory Practice Teleforum
- May 24, 2017EventSpeakerUpdate on West Virginia Appellate Challenges to Federal Environmental Laws, West Virginia Chamber of Commerce, Charleston, WV
- May 19, 2017EventPanelistFederalism Revisited: How Seismic Is the Shift in Federal-State Responsibilities and Relationships?, ABA 13th Annual Administrative Law Institute, Washington, DC
- May 9, 2017EventPanelistSupreme Court Perspectives: The Gorsuch Effect, Rule of Law Defense Fund, Charleston, SC
- March 7, 2017EventSpeaker25 Years on the Bench: Justice Thomas and His Legacy on Administrative Law, Columbia Law School Federalist Society, New York, NY
- February 11, 2017EventPanelistJustice Thomas and the Administrative State, Celebrating Justice Thomas: 25 Years on the Supreme Court, New Haven, CT
- February 4, 2017EventPanelistCombatting Federal Overreach, The Federalist Society 2017 Florida Chapters Conference, Lake Buena Vista, FL
- October 6, 2016EventPanelistClean Power Plan: Litigation and Implementation Update, ABA Section of Environment, Energy, and Resources 24th Fall Conference, Denver, CO
- September 28, 2016EventPanelistEPA’s Clean Power Plan: Analysis of the D.C. Circuit Court Oral Argument in West Virginia v. EPA, District of Columbia Bar Webinar, Washington, DC
- June 29, 2016EventSpeakerObama’s Power Grab: An Insider’s Look at the Case Against the Clean Power Plan, Columbus Federalist Society and Buckeye Institute, Columbus, OH
- May 11, 2016EventPanelistLegal Challenges to the Clean Power Plan, Kentucky Manufacturers Association 2016 Energy Conference, Lexington, KY
- February 10, 2016EventPanelistClean Power Plan Litigation Update, American Bar Association Webinar
- October 21, 2015EventPanelistBusiness in the US Supreme Court: An Inside Perspective, Association of Corporate Counsel Annual Meeting, Boston, MA
- August 21, 2015EventPanelistPower for the People: Threats and Wins in the States on Energy Policy, Americans for Prosperity Defending the American Dream Summit, Columbus, OH
- July 22, 2015EventKeynote SpeakerRemarks on EPA’s Proposed Rule for Existing Power Plants Under Section 111(d) and Proposed Reduction in the Ground-Level Ozone NAAQS, American Legislative Exchange Council Annual Meeting, San Diego, CA
- May 21, 2015EventPanelistSupreme Court Review, Rule of Law Defense Fund, Atlanta, GA
- November 15, 2014EventPanelistDo the EPA’s CO2 Rules Go Too Far?, The Federalist Society 2014 National Lawyers’ Convention, Washington, DC
- August 10, 2014EventPanelistGame Changer: The States’ Big Gamble on Legalized Sports Betting, American Bar Association Annual Meeting, Boston, MA
- June 6, 2014EventSpeaker2013 Term: United States Supreme Court Cases of Interest to the Government Lawyer, West Virginia State Bar Government Lawyers Committee, Charleston, WV
- March 18, 2014EventPanelistState Solicitors General, Edward Coke Appellate Inn of Court, Washington, DC
- November 16, 2012EventModeratorAppellate Advocacy: Building Skills, Building a Practice, 2012 National Asian Pacific American Bar Association National Convention, Washington, DC
- June 1, 2012EventModeratorHot Topics in Supreme Court Jurisprudence, 2012 National Asian Pacific American Bar Association Eastern Super Regional Conference, Atlantic City, NJ
Publications
- March-April 2024Publication
- August 2023Publication
- May 26, 2020Publication
- December 20, 2019Publication
- September 18, 2019Publication
- March 4, 2019Publication
- January 14, 2019Publication
- April 8, 2018Publication
- February 12, 2018Publication
- August 17, 2017PublicationCo-authorSymposium: High stakes for federalism in heavyweight clash over the anti-commandeering doctrine, SCOTUSblog
- 2017PublicationAuthorAt the Front of the Train: Justice Thomas Reexamines the Administrative State, 127 Yale L.J. F. 182
- 2016PublicationCo-authorFederal Overreach in Environmental Regulation: “A Severe Blow to the Constitution’s Separation of Powers” in Liberty’s Nemesis
- July 16, 2015PublicationAuthorA Duty to Fight for Federalism, Washington Examiner
- September 13, 2013PublicationCo-authorLast Call for Cooperative Federalism? Why EPA Must Withdraw SIP Call Proposal on Startup, Shutdown & Maintenance, Washington Legal Foundation
- August 14, 2012PublicationCo-authorNo Notice, No Deference: Agency Deference After Christopher v. Smithkline Beecham Corp., Bloomberg Law
- April 2, 2012PublicationCo-authorIn Arbitration, a Right to an Automatic Stay Pending Appeal?, Corporate Counsel
- March 20, 2012PublicationCo-authorWill the Supreme Court Limit the Deference Afforded to an Agency’s Interpretation of Its Own Regulations?, 80 U.S.L.W. 1268
Blog Posts
- The Nickel Report
- The Nickel Report
- The Nickel Report
Podcasts
- January 31, 2024
Each year, lawyers from the office of the solicitor general, or the SG for short, appear before the Supreme Court to argue on behalf of the federal government, but who argues on behalf of the states?
News
- December 9, 2024Media Mention
- 1 Minute ReadDecember 5, 2024News
- 3 Minute ReadOctober 3, 2024News
- September 5, 2024Media Mention
- 17 Minute ReadNews
- June 17, 2024Media MentionQuotedState Asks Alaska Supreme Court to Reverse Ruling on Correspondence Study Program, Local First Media Group
- 6 Minute ReadJune 6, 2024News
- 1 Minute ReadApril 25, 2024News
- 1 Minute ReadDecember 13, 2023News
- 2 Minute ReadOctober 5, 2023News
- 18 Minute ReadAugust 21, 2023News
- 2 Minute ReadJune 21, 2023News
- 6 Minute ReadJune 1, 2023News
- 2 Minute ReadMay 24, 2023News
- May 10, 2023Media Mention
- May 3, 2023Media Mention
- May 2, 2023Media Mention
- 1 Minute ReadApril 28, 2023News
- March 3, 2023Media Mention
- February 22, 2023Media Mention
- 2 Minute ReadDecember 7, 2022News
- November 1, 2022Media Mention
- October 2, 2022Media Mention
- 2 Minute ReadSeptember 29, 2022News
- September 27, 2022Media Mention
- July 28, 2022Media Mention
- July 1, 2022Media Mention
- June 14, 2022Media Mention
- 6 Minute ReadJune 1, 2022News
- 3 Minute ReadMay 4, 2022News
- 1 Minute ReadMay 2, 2022News
- 3 Minute ReadApril 21, 2022News
- January 10, 2022Media Mention
- 2 Minute ReadSeptember 30, 2021News
- 2 Minute ReadAugust 27, 2021News
- 6 Minute ReadMay 25, 2021News
- May 3, 2021Media Mention
- April 12, 2021Media Mention
- April 7, 2021Media Mention
- 2 Minute ReadMarch 15, 2021News
- March 15, 2021Media MentionRecognized, Are the Elite Supreme Court Advocates Better—or Just Better Known?, The Juris Lab
- February 22, 2021Media Mention
- December 17, 2020Media Mention
- 1 Minute ReadDecember 14, 2020News
- 1 Minute ReadNovember 23, 2020News
- 1 Minute ReadNovember 4, 2020News
- November 1, 2020Media Mention
- October 29, 2020Media Mention
- October 29, 2020Media Mention
- 2 Minute ReadOctober 2, 2020News
- August 10, 2020News
- May 20, 2020Media Mention
- May 10, 2020Media MentionQuoted, Under Coronavirus Court Procedures, Clarence Thomas Finds His Voice, Wall Street Journal
- May 1, 2020Media Mention
- May 1, 2020Media Mention
- April 30, 2020Media Mention
- 1 Minute ReadMarch 5, 2020News
- March 3, 2020Media Mention
- February 25, 2020Media Mention
- February 24, 2020Media Mention
- January 8, 2020Media Mention
- January 7, 2020Media Mention
- January 7, 2020Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media MentionQuoted, Justices Appear to Seek Middle Ground in Clean Water Act Case, The Wall Street Journal
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- November 6, 2019Media Mention
- October 31, 2019Media Mention
- 1 Minute ReadOctober 28, 2019News
- October 25, 2019Media Mention
- October 8, 2019Media Mention
- October 4, 2019Media Mention
- 2 Minute ReadSeptember 4, 2019News
- August 26, 2019Media Mention
- 1 Minute ReadAugust 7, 2019News
- 1 Minute ReadMarch 1, 2019News
- 1 Minute ReadFebruary 6, 2019News
- 1 Minute ReadMay 14, 2018News
- 2 Minute ReadDecember 4, 2017News
- 1 Minute ReadNovember 27, 2017News
- 1 Minute ReadNovember 26, 2017News
- 1 Minute ReadNovember 22, 2017News
- 7 Minute ReadSeptember 6, 2017News
JD, Yale Law School, Managing Editor, The Yale Law Journal, 2003
BA, Yale University, magna cum laude, Distinction in the Major, Tau Beta Pi, 1999
District of Columbia
Massachusetts
Virginia
West Virginia
Supreme Court of the United States
US Court of Appeals, First Circuit
US Court of Appeals, Second Circuit
US Court of Appeals, Third Circuit
US Court of Appeals, Fourth Circuit
US Court of Appeals, Fifth Circuit
US Court of Appeals, Sixth Circuit
US Court of Appeals, Seventh Circuit
US Court of Appeals, Eighth Circuit
US Court of Appeals, Ninth Circuit
US Court of Appeals, Eleventh Circuit
US Court of Appeals, District of Columbia Circuit
US Court of Appeals, Federal Circuit
US District Court, District of Columbia
US District Court, District of Massachusetts
US District Court, Southern District of West Virginia
US District Court, Northern District of West Virginia
US District Court, Eastern District of Virginia
US District Court, Western District of Virginia
Solicitor General, West Virginia, 2013-2017
Trial Attorney, Federal Programs Branch, Civil Division, US Department of Justice, 2004-2006
- Supreme Court of the United States
- US Court of Appeals, Eleventh Circuit
- US District Court, District of Massachusetts