Attorney Paul Clement’s Supreme Court Advocacy and Legal Challenges

Attorney Paul Clement has earned recognition for his exceptional advocacy before the U.S. Supreme Court, making him a prolific figure in legal circles. As of April 2022, Clement had argued before the Supreme Court 129 times, a testament to his dedication and expertise. At a National Review conference, he shared his definition of a successful Supreme Court advocate: securing five out of nine votes from the justices, which equates to victory.

Prolific Advocate and Legal Strategist

Throughout his career, Clement has achieved many victories, particularly during his tenure as solicitor general under George W. Bush. Since then, he has often challenged executive actions outside of government roles, expressing his support for a strong executive branch. However, he clarified that presidential power has its limits, exemplified by his attempts to overturn President Obama’s health care law, which ended in disappointment.

Clement’s advocacy extended to other Republican priorities, such as influencing judicial rulings on partisan gerrymandering, limiting deference to federal agency expertise, and challenging laws that restrict gun rights. His firm stance on Second Amendment rights was controversial, leading to a pivotal moment in his career.

“The firm said you can remain at the firm only if you drop your existing clients and discontinue the Second Amendment work you had done,” Erin Murphy recalled. “We said, ‘No thank you’ and went and started our firm, Clement and Murphy.”

Defending Against Executive Overreach

Clement’s legal battles have not been limited to Democratic administrations. Alongside Erin Murphy, Clement represents law firms against orders issued by President Trump targeting those who hired attorneys involved in investigations against him. These orders involved security clearance revocations and barring individuals from federal properties. Clement argued before the D.C. Circuit appeals court that such orders contravene constitutional rights, infringing on First Amendment rights and obstructing zealous representation.

Despite his belief in a robust executive branch, Clement acknowledged instances of executive overreach, regardless of party affiliation. Yet, he maintains his fundamental stance on executive authority while challenging actions he views as excessive.

Legal Wins Against Trump Administration

Clement has succeeded in notable cases against the Trump administration, such as preventing the president from dismissing Federal Reserve Board member Lisa Cook and defending Maryland’s federal district court from DOJ challenges related to immigration detention orders.

Although once considered for the Supreme Court nomination during Trump’s 2020 campaign, Clement’s involvement with cases opposing Trump’s policies appears to have reduced such prospects. Nonetheless, he continues his legal efforts unabated, confronting executive overreach and striving for justice.

Upcoming Legal Challenge

Paul Clement’s upcoming court argument does not involve the executive branch directly. It centers around a 1988 law related to consumer privacy in video rental scenarios. He contends that plaintiff attorneys have expanded the application of this law beyond its original scope, extending its reach beyond traditional video rental situations.