From our earliest days, Boies Schiller Flexner has been at the forefront of many high-profile, contentious political issues, from election disputes to constitutional litigation. We understand the nuances of the political landscape and apply that knowledge to support our clients in successfully navigating any challenge that arises.
Just a few years after opening our doors, we advised Al Gore in connection with the 2000 post-election litigation before the U.S. Supreme Court in Bush v. Gore. Although unsuccessful, our first-hand experience advising on this complex case set a foundation for the firm to continue to act for government officials, states, public interest groups, as well as corporations on political and election disputes. For example, we filed four landmark lawsuits with The League of United Latin American Citizens (LULAC) challenging the winner-take-all method states use to allocate their Electoral College votes and aiming to establish a more democratic system of voting. We fought to allow women to register for the draft in a lawsuit claiming the Military Selective Service Act violates the Equal Protection Clause, which resulted in a formal recommendation that the law be changed to require that women also register for the draft. BSF attorneys also filed an amicus brief in the U.S. Court of Appeals for the D.C. Circuit in support of the final three states (Nevada, Illinois, and Virginia) that ratified the Equal Rights Amendment. We have represented state governments, commissions, municipalities, and cities with regards to constitutional matters, policy, and reapportionment issues.
One of the keys to our strength in litigating constitutional and electoral cases lies in the fact that we are a firm of trial lawyers. We regularly litigate constitutional issues and are effective at crafting relevant legal arguments to support our cases. The firm’s work in this area involves formulating innovative legal theories, advising clients on the constitutional implications of new legislation, and trying cases in courts across the country. We frequently handle appeals involving political issues, including in the U.S. Supreme Court, and often file amicus briefs as well. Among the lawyers on our team, we count dozens of former clerks in federal and state appellate courts, including former U.S. Supreme Court clerks.