U.S. Supreme Court & Appellate Litigation
Boyden Gray PLLC has represented petitioners and amici curiae before the Supreme Court in matters concerning the separation of powers, immigration policy, healthcare policy, free speech, religious liberty, presidential appointments, and more. The firm’s amicus advocacy has been cited by The New York Times, The New Yorker, Law360, and Energy & Environmental News, among others.
The firm also has an active appellate practice in federal and state appellate courts. The firm’s lawyers clerked for judges on the United States Courts of Appeals for the Second, Fourth, Fifth, Sixth, Eleventh, and D.C. Circuits, and the U.S. Supreme Court. The firm has represented States, corporations, non-profits, and individuals in matters involving constitutional rights, environmental law, emissions standards, telecommunications, and financial regulation. The firm has also represented scholars, medical professionals, and public policy organizations as amici curiae in high-profile appellate litigation concerning religious liberty, healthcare regulation, election law, the separation of powers, and judicial deference to federal agencies.
- Amicus Briefs by Boyden Gray PLLC Play Prominent Role in Two Recent Supreme Court Decisions
- Boyden Gray PLLC Successfully Defeats Cert Petition in Byrd v. Lamb
- Boyden Gray PLLC Files Supreme Court Amicus Brief in West Virginia v. EPA, No. 20-1530
- Brief in Opposition to Certiorari, Kevin Byrd, Petitioner v. Ray Lamb, Appeal from the United States Court of Appeals for the Fifth Circuit (Nov. 30, 2021)
- Brief of D.C. Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner, Orlando Carter, Petitioner v. District of Columbia, Appeal from the District of Columbia Court of Appeals (Sep. 24, 2021)
- Brief of Samaritan’s Purse as Amicus Curiae in Support of Petitioners, Seattle’s Union Gospel Mission, Petitioner v. Matthew S. Woods, Appeal from the Supreme Court of Washington (Aug. 30, 2021)
- Brief of Reason for Life as Amicus Curiae in Support of Petitioners, Dobbs v. Jackson Women’s Health Organization, Appeal from the U.S. Court of Appeals for the Fifth Circuit (July 29, 2021)
- Amicus Brief of Economists in Support of Petitioners for a Writ of Certiorari in Students for Fair Admissions, Inc. v. President of Harvard College No. 20-1199
- Petition for Writ of Certiorari, Valent v. Saul, Commissioner of Social Security, No. 19-221 (S. Ct. Aug. 16, 2019)
- Reply Brief for Petitioners, Klein v. Oregon Bureau of Labor & Industries, No. 18-547 (S. Ct. Feb. 11, 2019)
- Petition for Writ of Certiorari, Klein v. Oregon Bureau of Labor & Industries, No. 18-547 (S. Ct. Oct. 19, 2018)
- Reply in Support of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Dec. 21, 2018)
- Petition for Writ of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Sept. 6, 2018)
- Brief of Legal Scholars Ronald A. Cass and Christopher C. Demuth and the Judicial Education Project as Amici Curiae in Support of Respondents, United States v. Texas, No. 15-674 (S. Ct. Apr. 4, 2016)
- Brief of the American Action Forum, Cato Institute, and Judicial Education Project, United Student Aid Funds v. Bible, No. 15-861 (S. Ct. Feb. 3, 2016) (on petition for certiorari)
- Brief of Amicus Curiae The Galen Institute, King v. Burwell, No. 14-114 (S. Ct. Dec. 29, 2014)
- Brief of the Cato Institute, the Competitive Enterprise Institute, and the Judicial Education Project, Perez v. Mortgage Bankers Ass’n, Nos. 13-1041, 13-1052 (S. Ct. Oct. 16, 2014)
- Brief of the Center for the Rule of Law, Dep’t of Transportation v. Ass’n of Am. Railroads, No. 13-1080 (S. Ct. Sept. 29, 2014)
- Brief of Amici Curiae Kansas et al., Utility Air Regulatory Group v. EPA, No. 12-1146+ (S. Ct. Dec. 16, 2013)
- Brief of Amici Curiae State National Bank of Big Spring et al., Noel Canning v. NLRB No. 12-1281 (S. Ct. Nov. 25, 2013)
- Boyden Gray PLLC Presents Argument on SEC Endorsement of Nasdaq Board Diversity Quotas
- Boyden Gray PLLC Completes Briefing in Challenge of FCC’s Universal Service Fund
- The Fifth Circuit Grants Rehearing En Banc in Federal Worker Vax Mandate Suit
- Boyden Gray PLLC Files Opening Brief Challenging the SEC’s Approval of Nasdaq Board Diversity Rules on Behalf of Alliance for Fair Board Recruitment
- Opening Brief in Alliance for Fair Board Recruitment, et al. v. Securities and Exchange Commission, No. 21-60626 in the United States Court of Appeals for the Fifth Circuit (Nov. 22, 2021)
- Boyden Gray PLLC Files Petition for Review of OSHA ETS Covid-19 Vaccine Mandate on Behalf of Job Creators Network, et al.
- Brief of Professors as Amici Curiae in Support of Appellees, Maxon v. Fuller Theological Seminary, Appeal from the U.S. District Court for the Central District of California (June 21, 2021)
- Petitioners’ Reply Brief in Klein v. Oregon Bureau of Labor and Industries, Agency Nos. 44-14, 45-14 (Or. App. Sept. 8, 2016)
- Petition for Rehearing En Banc for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. July 29, 2016)
- Petitioners’ Opening Brief in Klein v. Oregon Bureau of Labor and Industries, Agency Nos. 44-14, 45-14 (Or. App. Apr. 25, 2016)
- Reply Brief for the Petitioners for the Petitioners, Kansas v. EPA, No. 14-1268 (D.C. Cir. Oct. 28, 2015)
- Brief for the Petitioners, Kansas v. EPA, No. 14-1268 (D.C. Cir. Oct. 28, 2015)
- Reply Brief for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. Oct. 13, 2015)
- Brief for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. Oct. 13, 2015)
- Reply Brief for the Petitioners, Energy Future Coalition v. EPA, No. 14-1123 (D.C. Cir. Feb. 12, 2015)
- Brief for the Petitioners, Energy Future Coalition v. EPA, No. 14-1123 (D.C. Cir. Feb. 12, 2015)
- Opening Brief for the State Appellants, State National Bank of Big Spring v. Lew, Nos. 13-5247, 13-5248 (D.C. Cir. Feb. 11, 2014)
- Opening Brief of Private Plaintiffs-Appellants, State National Bank of Big Spring v. Lew, Nos. 13-5247, 13-5248 (D.C. Cir. Feb. 11, 2014)
Commentary:
- E&E News Quotes Boyden Gray PLLC on the Supreme Court’s Clarification of the Major Questions Doctrine
- E&E News Quotes Boyden Gray PLLC on the Major Questions Doctrine and Three Major Climate Rules
- E&E News Points to Boyden Gray PLLC as Leader on Major Questions Doctrine, Apr. 11, 2022
- GRAY: Biden owes us an answer on court-packing, The Hill, October 18, 2020
- VARCOE: Courthouse Steps Oral Argument, Kisor v. Wilkie, Federalist Society Teleforum (Mar. 27, 2019)
- CONDE: Courthouse Steps Preview: PDR Network, LLC v. Carlton & Harris Chiropractic, Federalist Society Teleforum (Mar. 12, 2019)
- VARCOE: A Most Unusual Brief From the Solicitor General: Threading the Needle on Auer Deference, Federalist Society Blog, Mar. 8, 2019
- WHITE & GUSTAFSON: Supreme Court Season of Turmoil, Washington Examiner, Oct. 4, 2015
- GRAY: Why the Robert McDonnell Case is a Threat to the Constitution, Washington Post, September 3, 2015
- GRAY: Supreme Court Can End Fraudulent Payouts in BP Spill Case, Investor’s Business Daily, Nov. 7, 2014
- GRAY: Supreme Court’s EPA Ruling Gives Petitioners More Standing, Washington Times, June 24, 2014
- WHITE: Kennedy’s Question: How Will the Court Decide Hobby Lobby?, Weekly Standard, Apr. 28, 2014
- GRAY: Clearing the Air on Supreme Court’s EPA Rulings, Washington Post, Feb. 25, 2014
- WHITE: The Burkean Justice, Weekly Standard, July 18, 2011
- Boyden Gray PLLC Amicus Brief Cited by Seventh Circuit in School Religious Freedom Case
- Boyden Gray PLLC Files Supreme Court Amicus Brief in West Virginia v. EPA, No. 20-1530
- Amicus Brief of Economists in Support of Petitioners for a Writ of Certiorari in Students for Fair Admissions, Inc. v. President of Harvard College No. 20-1199
- Brief of D.C. Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner, Orlando Carter, Petitioner v. District of Columbia, Appeal from the District of Columbia Court of Appeals (Sep. 24, 2021)
- Brief of Amicus Curiae Kevin Donovan, M.D., Planned Parenthood v. Smith, No. 17-50282 (5th Cir. Aug. 14, 2017)
- Brief of Amicus Curiae State National Bank of Big Spring et al., PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir. Mar. 10, 2017)
- Brief of American Action Forum as Amicus Curiae in Support of Rehearing En Banc, Bible v. United Student Aid Funds, No. 14-1806 (7th Cir. Sept. 8, 2015)
- Brief of Amicus Curiae The Galen Institute, Halbig v. Burwell, No. 14-5018 (D.C. Cir. Oct. 3, 2014) (en banc)
- Brief of Former Members of the FEC, O’Keefe v. Chisholm, No. 14-1822 (7th Cir. Sept. 2, 2014)
- Brief of Amicus Curiae The Galen Institute, King v. Sebelius, No. 14-1158 (4th Cir. Feb. 6, 2014)
- Brief of Amicus Curiae The Galen Institute, Halbig v. Sebelius, No. 14-5018 (D.C. Cir. Feb. 6, 2014)
- Brief of Bioethics Scholars as Amici Curiae, Sherley v. Sebelius, No. 11-5241 (D.C. Cir. Jan. 27, 2012)