J. BenjaminAguiñaga (Ben)


Washington + 1.202.879.3655

Ben Aguiñaga's practice focuses on constitutional, appellate, and complex civil matters before litigation begins and through appeal.

Before clients enter litigation, Ben helps them assess litigation risk, regulatory compliance, and potential constitutional and legal challenges. For clients in trial court, Ben drafts dispositive motions and motions for injunctive relief designed to deliver complete and early victories for clients in high-stakes matters. And for clients whose cases are on appeal, Ben has a deep appellate practice through which he has drafted briefs in numerous federal and state appellate courts and has argued cases before the Fifth, Sixth, and Seventh Circuits.

Before joining Jones Day, Ben served three clerkships, including to Justice Samuel A. Alito Jr. of the United States Supreme Court. He also served as the chief of staff of the Civil Rights Division of the United States Department of Justice (DOJ), where he helped manage Division affairs and facilitate communication with DOJ leadership, other agency officials, and external stakeholders.

Between law school and his first clerkship, Ben served on the United States Senate Judiciary Committee, where he worked with Senator Ted Cruz's chief counsel and judiciary staff.

Ben won several moot court competitions and best brief/best oralist awards while in law school. Through his law school's legal clinic, he also argued before the Louisiana Supreme Court in a pro bono matter and obtained reversal on ex post facto clause issues.


  • Employer challenges OSHA under nondelegation doctrineJones Day represents Allstates Refractory Contractors, LLC in challenging the United States Occupational Safety and Health Administration's (OSHA) statute as a violation of the nondelegation doctrine.
  • Jones Day secures Supreme Court decision for property owners blocking CDC eviction moratoriumJones Day successfully represented property owners challenging the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions.
  • Prisoner obtains significant victory in Sixth Circuit appealJones Day obtained a significant victory for pro bono client Walter Himmelreich in a Sixth Circuit appeal.
  • State and national political party committees defend election statute in Pennsylvania Supreme CourtJones Day represented state and national political party committees that intervened to defend a Pennsylvania election administration statute.