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James A Feldman

Adjunct Professor of Law

James Feldman

Jim Feldman is an attorney with a solo practice in Washington, D.C., specializing in Supreme Court litigation. From 1989 to 2006, he was an Assistant to the Solicitor General at the Department of Justice, with responsibility for representing the government in cases in the Supreme Court. He has argued 50 cases before the Court and been responsible for briefing more than one hundred others on the merits, along with numerous other certiorari-stage filings. A few of the significant cases he has briefed or argued for a party or amicus are McDonald v. Chicago, 130 S Ct. 3020 (2010) (application of the Second Amendment to the States); Dickerson v. United States, 530 U.S. 428 (2000) (validity of Miranda rule); United States v. Dixon, 509 U.S. 688 (1993) (double jeopardy); Whren v. United States 517 U.S. 806 (1996) (Fourth Amendment); Jaffee v. Redmond, 518 U.S. 1 (1996) (psychotherapist-patient privilege); Johnson v. DeGrandy, 512 U.S. 997 (1994) (voting rights); New York State Conf. of Blue Cross and Blue Shield v. Travelers Ins., 514 U.S. 645 (1995) (preemption); National Cable & Telecomms. Ass'n v. Gulf Power Co. 534 U.S. 327 (2002) (communications law); Nat’l Cable & Telecomms. Ass’n v. Brand X Internet Servs., 545 U.S. 967 (2005) (communications and administrative law); AT&T Mobility Servs. v. Concepcion, 131 S. Ct. 1740 (2011) (arbitration and class actions); Jones v. Harris Assocs.130 S. Ct. 1418 (2010) (securities law); National Fed'n of Ind. Business v. Sebelius, 132 S. Ct. 2566 (2012) (constitutionality of Affordable Care Act), and King v. Burwell, 135 S. Ct. 2480 (2015) (Affordable Care Act statutory construction). He has also participated in briefing and preparation of many of the University of Pennsylvania Supreme Court Law Clinic's cases. He co-taught a seminar on Supreme Court Practice and Process at the University of Pennsylvania Law School in Philadelphia each year in 2008-2009, and in 2011, he co-taught a similar seminar at Georgetown University Law Center. He has been awarded the Attorney General's Distinguished Service Award, the Department of Justice John Marshall Award for Outstanding Legal Achievement for Handling of Appeals, and the Federal Bar Association's Justice Tom C. Clark Award for outstanding accomplishments as a federal government lawyer. He is a member of the Boards of Trustees of the Washington National Opera and the Forward Association.  He is a member of the American Law Institute. 


Mr. Feldman received his B.A. from the University of Pennsylvania and an M.A. in Philosophy from Columbia University. He graduated magna cum laude from Harvard Law School, and he then served as a law clerk to Justice William J. Brennan, Jr., of the United States Supreme Court, and Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit. Before joining the Solicitor General’s office, he worked at the law firm of Wilmer Cutler & Pickering (now WilmerHale), and he served for two years as an Associate Independent Counsel with the Office of Independent Counsel (Iran/Contra).

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