We have a long history of representing state governments in cases that affect their vital financial, political, and environmental interests. These engagements have included:
- Health Care
We successfully represented Tennessee in its effort to modify obligations under a variety of consent decrees so that it may reform its state-sponsored health care program. Our victory allowed the state to implement reforms that have generated billions of dollars of savings. Previously, we have successfully represent Michigan and Florida in their efforts to reform their Medicaid programs.
- Commercial Disputes
We represented the State of Alabama in a suit against Exxon for defrauding the state out of royalties on natural gas owned by the State. The Alabama Supreme Court’s ruling resulted in the state receiving more than $100 million.
- Dormant Commerce Clause
We successfully represented Puerto Rico’s defense of a beer excise tax that was challenged under the Dormant Commerce Clause by Coors.
- Educational Reform
We successfully represented Delaware in its effort to end federal judicial supervision of its school system. We have also successfully represented several local school boards in similar efforts.
- Environmental and Energy
We represented the State of Nevada in several related lawsuits challenging the constitutional and statutory validity of actions of the federal government that seek to designate Yucca Mountain, Nevada, as the site for the Nation’s repository for the disposal of spent nuclear fuel and high-level radioactive waste.
- Prison Reform
We successfully represented Arizona in its effort to end federal judicial supervision of its juvenile detention facilities.
- Sovereign Immunity
We have represented states in a wide range of cases implicating important federalism concerns under the Tenth and Eleventh Amendments. For example, we defended Hawaii against a series of suits brought under Title II of the Americans with Disabilities Act and the Rehabilitation Act of 1973.
- Voting Rights
We represented Florida in a suit challenging its prohibition on felon disenfranchisement. The Eleventh Circuit, sitting en banc, upheld the law against challenges under both the Equal Protection Clause and the Voting Rights Act. We also filed an amicus brief on behalf of 15 States urging the en banc Second Circuit to uphold New York’s prohibition on voting by currently incarcerated felons.