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John P. Elwood
John P. Elwood
Experience | Education | Recognition | Activities | Publications
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Biography
John has considerable experience litigating in the Supreme Court and the federal courts of appeals, and has substantial knowledge on constitutional, criminal, administrative, employment, and environmental issues. Before joining the firm, John served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed or argued more than fifteen merits cases before the Supreme Court of the United States, and has briefed approximately 120 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and senior agency officials on a range of constitutional, statutory, and regulatory matters. John represented the Justice Department as an ex officio member of the U.S. Sentencing Commission and as a member of the Advisory Committee on Federal Rules of Criminal Procedure. John also has argued numerous cases in the federal courts of appeals and tried several criminal cases in federal district court.
The 2010 edition of Chambers USA reports that "clients consider [John's] addition 'an immediate enhancement to Vinson & Elkins's appellate group: he is a much-loved and widely respected lawyer who is quick on his feet.'"
John has received both the Attorney General’s Award for Exceptional Service and the Attorney General’s Award for Distinguished Service – the Justice Department's two top awards for lawyers.
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Representative Experience
Cases in the Supreme Court of the United States
- Nevada Commission on Ethics v. Carrigan, 564 U.S. ___ (2011). Successfully argued that conflict of interest rules governing state officials do not infringe First Amendment speech rights
- Borough of Duryea v. Guarnieri, 564 U.S. ___ (2011). Author of brief that successfully argued that a government employer’s allegedly retaliatory actions against an employee do not give rise to liability under the First Amendment’s Petition Clause unless the employee’s petition relates to a matter of public concern
Cases in the Supreme Court of the United States while an Assistant to the Solicitor General
- Castle Rock v. Gonzales, 545 U.S. 748 (2005). Successfully argued that the holder of a restraining order lacks a procedural due process right to enforce the order
- Yarborough v. Alvarado, 541 U.S. 652 (2004). Successfully argued that, on habeas review, courts need not consider a suspect’s age and previous law-enforcement history when determining his entitlement to Miranda warnings
- Central Laborers’ Pension Fund v. Heinz, 541 U.S. 739 (2004). Argued that a pension fund had complied with the Employment Retirement Income Security Act (ERISA) when it temporarily disqualified certain pension holders from receiving benefits
- National Park Hospitality Assn. v. Dept. of the Interior, 538 U.S. 803 (2003). Successfully argued that a government contracting case brought under the Contract Disputes Act was not ripe for judicial resolution
- Whitman v. Department of Transportation, 547 U.S. 512 (2006). Principal author of brief arguing that the Civil Service Reform Act did not permit suit for certain employment grievances
- Raytheon v. Hernandez, 540 U.S. 44 (2003). Principal author of amicus brief arguing that the Americans with Disabilities Act permits employers to take adverse action because of misconduct related to drug or alcohol addiction
- Chavez v. Martinez, 538 U.S. 760 (2003). Principal author of amicus brief arguing that a suspect’s Fifth Amendment right against self-incrimination is not violated unless his coerced statements are used against him in a criminal case
- Ewing v. California, 538 U.S. 11 (2003). Principal author of amicus brief defending the constitutionality of California’s “Three Strikes” sentencing law
Cases Argued in the Federal Courts of Appeals — Fourth, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits
- In a question of first impression in the Eleventh Circuit, successfully argued that a foundry that had settled its liability with EPA was not subject to a private party's cost recovery action under § 107 of CERCLA
- In the Eighth Circuit, represented a criminal defendant in a collateral attack to his guilty plea, arguing that Congress lacked constitutional authority to prohibit bribery of a local official
- United States v. Perez, 116 F.3d 840 (9th Cir. 1997) (en banc). Successfully argued before the en banc court, as a government attorney, that omission of an element of the offense from the jury instructions did not warrant overturning the conviction
- United States v. Wimberly, 60 F.3d 281 (7th Cir. 1995). Successfully argued, as a government attorney, that evidentiary errors did not warrant overturning the conviction
Federal District Court Litigation
Appellate counsel in patent infringement jury trial; co-author of motion for judgment notwithstanding the verdict successfully arguing that patent-in-suit was invalid, resulting in vacatur of jury’s $18 million damage award Co-counsel representing an elected state official charged with fraud Co-counsel representing a defense attorney charged with criminal contempt arising out of his conduct during a federal criminal trial Lead or sole counsel in numerous criminal trials as Special Assistant U.S. Attorney
Other Noteworthy Litigation
- In re Search of Rayburn House Office Building No. 2113, 434 F. Supp. 2d 3 (D.D.C. 2006). Principal author of briefs successfully defending the search of the Capitol Hill office of then-United States Representative William Jefferson against a motion to suppress evidence under the Constitution’s Speech or Debate Clause
Additional Professional Experience
- Adviser: University of Virginia School of Law Supreme Court Litigation Clinic
- Testified before Congress four times on constitutional and statutory issues
- Taught course entitled “Constitutional Law and the Supreme Court” at the George Washington University School of Law, Washington, D.C. (2001)
Prior results do not guarantee a similar outcome.
Education and Professional Background
- Yale Law School, J.D., 1993 (Senior Editor, Yale Law Journal)
- King’s College, M.A. with distinction, first in class, 1990
- Princeton University, A.B. summa cum laude, 1989 (Phi Beta Kappa)
- Office of Legal Counsel, U.S. Department of Justice, Washington D.C., Deputy Assistant Attorney General, 2005 - 2009
- Office of the Solicitor General, U.S. Department of Justice, Washington, D.C., Assistant to the Solicitor General, 2002 - 2005
- Office of the Assistant Attorney General, Criminal Division, U.S. Department of Justice, Counselor to the Assistant Attorney General; represented the Department as an ex officio member of the United States Sentencing Commission, and as a member of the Advisory Committee on Federal Rules of Criminal Procedure, 2001 - 2002
- Appellate Section, Criminal Division, U.S. Department of Justice, Attorney, 1994 - 1996; Special Assistant U.S. Attorney, U.S. Attorney’s Office for the Eastern District of Virginia, 1995
- Law clerk to Associate Justice Anthony M. Kennedy, Supreme Court of the United States, 1996 - 1997; law clerk to Judge J. Daniel Mahoney, U.S. Court of Appeals for the Second Circuit, 1993 - 1994
- Admitted to practice: Georgia, 1994; District of Columbia, 1996; Supreme Court of the United States; United States Courts of Appeals for the Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh and District of Columbia Circuits; U.S. District Court for the District of Columbia
Professional Recognition
- Recognized in Washington, D.C. Super Lawyers, 2012 and 2013
- Euromoney's Benchmark Litigation - Appellate Litigation Star and Local Litigation Star: District of Columbia, 2012 and 2013
- Euromoney's Benchmark Appellate - District of Columbia Litigation Star, 2012 and 2013
- Chambers USA: America's Leading Lawyers for Business in appellate law (National), 2011 and 2012
- Legal 500 U.S. in appellate law, 2010 - 2012
- The Best Lawyers in America® in appellate, 2013
- Attorney General’s Award for Distinguished Service, 2005
- Attorney General’s Award for Exceptional Service, 2002
Activities and Affiliations
- Edward Bennett Williams Inn of Court; Edward Coke Appellate Inn of Court
Publications and Presentations
- "City of Arlington v. FCC," U.S. Chamber of Commerce Spring Meeting of the Government Operations, Oversight & Consumer Affairs Committee, April 3, 2013
- "Appellate Advocacy 2013," Practising Law Institute® CLE Program, March 20, 2013 (co-presenter)
- "Supreme Court Rebukes Oklahoma Supreme Court for Failing to Enforce Arbitration Agreement," V&E's Arbitration Update E-communication, December 10, 2012
- "Blocking Ore. Wind Farms: Overstepping Authority?," Law360, October 22, 2012 (co-author)
- "FCC, Fox, and That Other F-Word," Cato Supreme Court Review, 2011 - 2012 (co-author)
- "Chinese Energy Developer Sues Committee on Foreign Investment in the United States (CFIUS) for Blocking Oregon Wind-Farm Investment on National Security Grounds," V&E CFIUS and National Security Review E-communication, September 17, 2012
- "SCOTUS Weighs Three Block Buster Business Law Cases," First published in The Texas Lawbook, March 2012 (co-author)
- "The Uncertain Future of the “Manifest Disregard” Doctrine," SCOTUSblog, September 2011
- "U.S. Supreme Court Denies Class Action Certification Where Plaintiffs Cannot Demonstrate “Same Injury”: Implications for Antitrust Class Actions," V&E Antitrust Updates E-communication, June 27, 2011
- "United States Supreme Court Rules that Loss Causation Is Not a Requirement for Class Certification in Securities Class Actions," V&E Securities Litigation and Enforcement Update E-communication, June 6, 2011
- "Does an Inventor’s Assignment of His Rights Trump a University’s Interests in Patent Rights Resulting from Federally Funded Research?" ABA's Preview of United States Supreme Court Cases, February 21, 2011 (co-author)
- "Review of Significant Decisions from the U.S. Supreme Court's Last Term," V&E Securities Litigation Insights, Summer 2010 (co-author)
- "Supreme Court Narrows Honest Services Fraud Statute," V&E Government Investigations and White Collar Criminal Defense E-Communication, June 2010 (co-author)
- What Were They Thinking: The Supreme Court in Revue, 14 Green Bag 2d 31 (2010) (October Term 2009); 12 Green Bag 2d 429 (2009) (October Term 2008); 4 Green Bag 2d 365 (2001) (October Term 2000); 4 Green Bag 2d 27 (2000) (October Term 1999)
- "Supreme Court Advocacy Clinic Symposium," Yale Law School, March 2010
- "The Supreme Court’s Business" (preview of Supreme Court’s October Term 2009), American Enterprise Institute, October 2009
- Numerous other Supreme Court previews and reviews for Stanford Law School, the Attorney General’s National Advocacy Center, the National District Attorneys Association, the Washington Legal Foundation, and RAND Corporation
- U.S. Chamber of Commerce National Chamber Litigation Center, Supreme Court Pre-Term Media Briefing, Sept. 21, 2011
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