Andrew M. Grossman

Partner

Washington, D.C.
T +1.202.861.1697
F +1.202.861.1783

Overview

Andrew Grossman is co-leader of the firm's national appellate practice. He has appeared before nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues. He has also received attention for his work before the United States Supreme Court, including for First Amendment cases, many prominent amicus briefs and his recent grant of certiorari in a major class-action challenge.

Andrew has developed and implemented litigation and administrative strategies for clients in several fields and industries. He regularly works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals.

In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.

Andrew is an Adjunct Scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies. He is also a member of the leadership of the Federalist Society, and previously served as a fellow and policy analyst at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. Additionally, he clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.

Select Experience

  • Obtained a favorable outcome on the first-ever decision from the United States Court of Appeals for the Ninth Circuit recognizing the right to obtain pre-enforcement review of agencies’ compliance with the Paperwork Reduction Act. The decision set a powerful precedent for regulated parties to challenge unlawful government action.
  • Developed and executed a nationwide litigation strategy to recognize and enforce public workers’ First Amendment associational rights in the wake of the Supreme Court’s decision in Janus v. AFSCME.
  • Represented the Center for Class Action Fairness and several objecting class members in a high-profile challenge to the use of cy pres awards in class action settlements. Obtained a rare solo opinion respecting certiorari by the Chief Justice criticizing the use of cy pres remedies and subsequently obtained a grant of certiorari from the Supreme Court in Frank v. Gaos.
More »

Experience

  • Obtained a favorable outcome on the first-ever decision from the United States Court of Appeals for the Ninth Circuit recognizing the right to obtain pre-enforcement review of agencies’ compliance with the Paperwork Reduction Act. The decision set a powerful precedent for regulated parties to challenge unlawful government action.
  • Developed and executed a nationwide litigation strategy to recognize and enforce public workers’ First Amendment associational rights in the wake of the Supreme Court’s decision in Janus v. AFSCME.
  • Represented the Center for Class Action Fairness and several objecting class members in a high-profile challenge to the use of cy pres awards in class action settlements. Obtained a rare solo opinion respecting certiorari by the Chief Justice criticizing the use of cy pres remedies and subsequently obtained a grant of certiorari from the Supreme Court in Frank v. Gaos.
  • Developed and executed a litigation strategy to repel an unlawful investigation launched against a major D.C. policy institution in retaliation for its First Amendment-protected advocacy that resulted in abandonment of the investigation.
  • Lead the litigation team that repelled efforts by the Patent and Trademark Office to cut off a prominent inventor’s entitlement to issuance of patents and won judgments entitling the inventor to issuance of three significant patents.
  • Represented national political party delegate in successful challenge to strike down Virginia’s delegate-binding law.
  • Collaborating with David Rivkin, developed and executed litigation campaign to halt unlawful campaign-finance investigation aimed at silencing political speech in Wisconsin, ultimately leading to the wholesale reform of Wisconsin campaign-finance law.
  • Represents a national talk-radio host in high-profile libel suit raising novel First Amendment issues.
  • Represents a major D.C. think tank and one of its fellows in their First Amendment defense to defamation claims brought by a climate activist. Established, in that litigation, right to interlocutory appeal under D.C. Anti-SLAPP Act.
  • With David Rivkin, served as counsel to 28 states challenging the EPA’s Clean Power Plan before the United States Supreme Court and Court of Appeals for the D.C. Circuit, winning a rare stay of regulation.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2017 to 2018)
    • Recommended in Industry Focus: Environment - Litigation
  • Burton Foundation and Law Library of Congress: Burton Award for Legal Achievement (2007)
  • Washington, D.C., Super Lawyers "Rising Star" (2014 to 2017)

News

News

Press Releases

Community

  • Cato Institute: Adjunct Scholar

Pro Bono

  • Fisher v. University of Texas
  • National Black Chamber of Commerce
  • Harris v. Quinn 

Prior Positions

  • Judicial Clerk for Chief Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit
  • Heritage Foundation Center for Legal and Judicial Studies: Senior Legal Analyst

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Tax Court
  • District of Columbia

Education

  • J.D., George Mason University School of Law, magna cum laude; Adrian S. Fischer Award for Student Research; Betty Southard Murphy award for Constitutional Law; Senior Articles Editor, George Mason Law Review
  • M.G.A./M.P.A., University of Pennsylvania
  • B.A., Dartmouth College, cum laude; Editor, The Dartmouth Review