Attorney Paul Clement, known for his extensive experience arguing before the U.S. Supreme Court, has made his mark as a top advocate. As of April 2022, Clement has presented cases 129 times at the Supreme Court. He recently shared his views on effective advocacy during a conference organized by the conservative National Review magazine. “I always think a good working definition of a good Supreme Court advocate is somebody who’s trying to get to five for their client,” Clement noted, emphasizing the importance of securing the votes of five justices for a victory.
A Republican lawyer with a strong track record, Clement has secured numerous wins since his tenure as solicitor general during George W. Bush’s presidency. Although he now operates outside government, often opposing actions by the White House, Clement maintains his support for a robust executive branch. “I’m a big believer in the unitary executive,” he explained, adding that this does not grant the president unchecked power.
Clement gained attention for his attempt to dismantle President Obama’s healthcare law, though he was unsuccessful. Nonetheless, he achieved significant victories in other Republican agendas. His efforts include preventing judges from interfering in partisan gerrymandering, advising courts against deferring to federal agency expertise, and removing restrictions on firearms.
While defending gun rights, Clement faced controversy, as recalled by his law partner Erin Murphy. In a recent Federalist Society webinar, Murphy explained the challenges they faced. “We had lots of different cases and clients, and over time, it just became something more and more people were complaining about,” she said. Eventually, their previous firm demanded they drop their Second Amendment work, leading Clement and Murphy to establish their own firm, Clement and Murphy.
Interestingly, Clement and Murphy now represent law firms challenging executive orders issued by President Trump. These orders targeted firms employing attorneys who had investigated Trump, revoking their security clearances and banning them from federal premises. In May, Clement argued before the D.C. Circuit appeals court, claiming that the orders violated the attorneys’ First Amendment rights and unlawfully punished them. “Lawyers cannot zealously represent their clients while walking on eggshells for fear of reprisals,” Clement asserted.
Despite his advocacy for a strong executive branch, Clement’s stance faced scrutiny. During his court appearance, conservative Judge Neomi Rao, appointed by Trump, questioned him, which led to a notable exchange. The appeals court has yet to decide on this case.
Clement has already seen success in cases against Trump’s administration. For instance, he defended Lisa Cook, a Federal Reserve Board member, whom Trump attempted to dismiss. Additionally, he defended the Maryland federal district court when sued by the Trump Justice Department over immigration detention orders.
Clement, at 60, was once a potential Supreme Court nominee in Trump’s 2020 campaign, though his current engagements suggest otherwise. Regardless of who occupies the White House, Clement remains committed to opposing executive overreach.
His upcoming case, however, shifts focus away from the White House. Clement will address a 1988 law concerning consumer privacy in video rentals. He contends that attorneys have recently misapplied the law to situations far removed from its original intent, which involved transactions at businesses like Blockbuster video stores.
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