Paul Clement’s Supreme Court Record
Attorney Paul Clement has become a prolific figure in the U.S. Supreme Court. This Wednesday marks his 129th appearance before the justices. Clement offers a straightforward definition of a Supreme Court advocate: a lawyer who secures the votes of at least five out of nine justices, achieving victory for their client.
Clement’s Legal Career
Clement, a Republican super-lawyer, has accumulated numerous victories since his time as solicitor general in the George W. Bush era. Operating outside government for the past two decades, he often challenges White House actions. Despite this, he remains a proponent of a strong executive branch, asserting that the president should not act without limits.
Notable Legal Battles
Clement famously attempted to reverse President Obama’s key health care law, a loss he acknowledges. However, he has secured wins for Republican priorities, such as limiting judicial intervention in partisan gerrymandering, advising courts to avoid deferring to federal agencies, and challenging gun restrictions.
His work on gun rights stirred controversy, as noted by his law partner, Erin Murphy. She recalled how growing dissatisfaction led to their departure from a law firm, eventually founding Clement and Murphy.
Defending Law Firms Against Trump’s Orders
Ironically, Clement and Murphy now represent major law firms challenging executive orders from President Trump. Trump targeted these firms over lawyers who once investigated him, impacting their security clearances and federal access.
In May, Clement argued before the D.C. Circuit appeals court that these orders breached constitutional rights and compromised legal representation. He emphasized the vital role of unimpeded legal defense within the judicial process.
Trump Administration Challenges
Despite Clement’s advocacy for a robust executive, conservative Judge Neomi Rao challenged his stance during a hearing. Clement defended his position, maintaining his belief in a strong executive, although the court has yet to decide in this case.
Clement has won cases against the Trump administration, arguing they exceeded their bounds. For instance, the Supreme Court stopped the president from dismissing Lisa Cook from the Federal Reserve Board, a victory for Clement. Additionally, he successfully defended Maryland’s district court against DOJ immigration detention orders.
Future Prospects and Current Case
Although once considered for the Supreme Court during Trump’s 2020 campaign, Clement’s representation of Trump opponents makes that prospect unlikely now. Clement remains committed to addressing executive overreach, regardless of the administration in power.
The current case he is preparing doesn’t involve the White House but focuses on a 1988 law about consumer privacy in video rentals. Clement contends that plaintiff lawyers have extended this law’s reach beyond its original intent.