Elizabeth Price Foley

Of Counsel

Washington, D.C.
T +1.202.861.1619
F +1.202.861.1500

Overview

Elizabeth Foley provides a rare blend of the practical and theoretical aspects of law, serving simultaneously as of counsel with the firm and as a full, tenured professor of law at Florida International University College of Law, where she teaches constitutional law, healthcare law, food and drug law, and civil procedure. Elizabeth brings to her practice extensive experience with the Legislative and Executive branches, having served on Capitol Hill as a health policy adviser, a lobbyist for a large managed care organization and an expert witness before Congress on important issues of constitutional and healthcare law.

Elizabeth is the author of three books on constitutional law, published by Yale, Harvard and Cambridge university presses, and is a frequent op-ed writer and media commentator on issues of constitutional and healthcare law, with her opinions appearing in such publications as the Wall Street Journal, Washington Post, New York Times, Los Angeles Times, Washington Times, Politico, Weekly Standard, Daily Caller, New York Post and National Law Journal.

Select Experience

Constitutional
  • Devised a legal challenge on behalf of the U.S. House of Representatives regarding the constitutionality of executive alterations of the Affordable Care Act.
Food and Drug
  • Represented a pharmaceutical company in presenting the Food and Drug Administration Citizen Petition raising complex "sameness" arguments and challenging a generic drug's bioequivalency.
Healthcare
  • Conducted a nationwide undercover congressional investigation into abuses in the sale of long-term care insurance on behalf of the House Subcommittee on Oversight and Investigation and the Select Committee on Aging.
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Experience

Constitutional
  • Devised a legal challenge on behalf of the U.S. House of Representatives regarding the constitutionality of executive alterations of the Affordable Care Act.
  • Has advised clients on due process limitations when attempting to exercise general personal jurisdiction over a foreign bank.
  • Represented states in a separation of powers-based (federalism) challenge to the Clean Power Plan.
  • Has represented businesses in federal and state constitutional economic liberty challenges to burdensome local and state regulations.
  • Has filed amicus curiae briefs in numerous high-profile Supreme Court constitutional cases involving separation of powers, due process, equal protection and First Amendment rights.
  • Advised an indicted political officeholder on First Amendment retaliation, equal protection and substantive due process claims (deprivation of reputational and occupational liberty), and related immunity defenses.
  • Has advised members of Congress on institutional standing to sue.
  • Assessed the viability of substantive due process and equal protection interests asserted by a state judicial officeholder.
Food and Drug
  • Represented a pharmaceutical company in presenting the Food and Drug Administration Citizen Petition raising complex "sameness" arguments and challenging a generic drug's bioequivalency.
  • Served a key staff role in drafting and implementing the Medicaid prescription drug rebate program (the Omnibus Budget Reconciliation Act of 1990).
  • Extensively investigated cosmetic safety on behalf of the House Subcommittee on Oversight and Investigation (1990 to 1991).
Healthcare
  • Conducted a nationwide undercover congressional investigation into abuses in the sale of long-term care insurance on behalf of the House Subcommittee on Oversight and Investigation and the Select Committee on Aging.
  • Played a key staff role in drafting and implementing the 1990 Medicare supplement insurance (Medigap) reform legislation.
  • Extensively involved in drafting and implementing 1990 and 1991 amendments to the National Practitioner Data Bank on healthcare practitioners and related peer review immunity provisions of the Health Care Quality Improvement Act.

Recognitions and Memberships

Recognitions

  • National University of Ireland School of Law: Fulbright Scholar (2011)

Memberships

  • American Bar Association
  • American Health Lawyers Association
  • U.S. Commission on Civil Rights, Florida State Advisory Committee
  • James Madison Institute: Research Advisory Council
  • Cato Institute, Supreme Court Review: Editorial Board
  • Florida International University: Institutional Review Board (IRB) (2008 to 2015)
  • National Academy of Sciences: Committee on Embryonic Stem Cell Research Guidelines (2004 to 2006)

News

News

Pro Bono

  • Represented a small business owner in a successful First Amendment defense to criminal misdemeanor charges triggered by flying an American flag outside his place of business.
  • Represented college students in a successful civil settlement and defense of criminal charges based on violation of the Fourth Amendment by police who demanded identification in the absence of reasonable suspicion of criminal activity.
  • Represented a street vendor in a constitutional economic liberty challenge to local ordinances limiting such vending.

Prior Positions

  • Institute for Justice, Florida Chapter: Executive Director (2011 to 2012)
  • Michigan State University College of Law: 
    • Tenured Professor of Law (2000 to 2002)
    • Untenured Associate Professor of Law (1996 to 2000)
  • Michigan State University College of Human Medicine: Adjunct Professor (1998 to 2002)
  • Law Clerk for the The Honorable Carolyn Dineen King, U.S. Court of Appeals for the Fifth Circuit (1994 to 1995)
  • U.S. Congressman Ron Wyden: Senior Legislative Aide for Health Policy (1989 to 1991)
  • U.S. Congressman Michael A. Andrews: Health Policy Legislative Aide (1987 to 1988)

Admissions

  • District of Columbia, 2016
  • Florida, 2011
  • Texas, 1994

Education

  • LL.M., Harvard Law School, 1996
  • J.D., University of Tennessee College of Law, 1994, with highest honors (Valedictorian)
  • B.A., Emory University, 1987