Paul Clement: A Prolific Advocate in the Supreme Court
Attorney Paul Clement has become a prominent figure at the U.S. Supreme Court. As he prepares to address the court again, it marks his 129th appearance before the justices, solidifying his status as a prolific advocate.
At a recent conference organized by the conservative National Review magazine, Clement discussed what defines a strong Supreme Court advocate. He said, “a good Supreme Court advocate is someone who aims to secure a majority of five justices for their client.” This drive for securing five votes out of nine has guided his long legal career.
Clement, a significant figure since his tenure as solicitor general during the George W. Bush administration, continues his advocacy work outside the government. He often challenges the White House’s actions, although he remains a supporter of a strong executive branch, explaining, “I’m a firm believer in the unitary executive, but the president cannot take arbitrary actions.” An example of his work is his unsuccessful attempt to overturn President Obama’s healthcare law, a defeat that still resonates with him. Nevertheless, he has secured victories in other Republican-centric issues, such as reducing judicial involvement in partisan gerrymandering and limiting court deference to federal agencies.
Additionally, Clement’s defense of gun rights has drawn controversy. His partner, Erin Murphy, recounted how their old firm asked them to discontinue their Second Amendment pursuits due to mounting complaints. They left to form their own practice, Clement and Murphy.
Challenging Executive Orders
Clement and Murphy now represent large law firms opposing President Trump’s punitive executive orders. These orders targeted firms employing lawyers who previously investigated Trump, by revoking security clearances and banning them from federal buildings. Speaking before the D.C. Circuit appeals court, Clement contended that the orders contravene the First Amendment and retaliate unlawfully, saying, “Lawyers cannot effectively represent clients fearing retaliatory actions.” This, he argued, undermines the rule of law.
In a hearing, Judge Neomi Rao, a Trump appointee, challenged Clement’s stance on a strong executive branch. Despite this, Clement maintained his belief in a unified executive, asserting, “No, I really am, trust me on that.” The court has yet to issue a ruling in the law firm case.
Previous Victories Against Trump Administration
Clement has achieved other legal successes against the Trump administration. Notably, the Supreme Court barred the president from removing Lisa Cook from the Federal Reserve Board. He also upheld a federal district court in Maryland, which the Trump Justice Department had sued regarding an immigration detention order.
Upcoming Case Beyond the White House
The case Clement will argue next does not involve the White House. It involves a 1988 law meant to protect consumer privacy in video rentals. Clement asserts that plaintiff lawyers have been misusing this law to encompass situations unrelated to its original intent.