Hashim Mooppan is an experienced appellate litigator and legal strategist, widely regarded for his forceful advocacy, rigorous briefs, extensive knowledge, and innovative lawyering. A former clerk to Justice Antonin Scalia, Hash has held leadership positions in the two premier appellate offices in the U.S. Department of Justice (DOJ), as Counselor to the Solicitor General and Deputy Assistant Attorney General for the Civil Appellate Staff. Hash has argued four cases in the U.S. Supreme Court and dozens more in the lower federal courts, including nine en banc arguments in six different circuit courts of appeals.
Hash has personally worked on more than 50 Supreme Court merits cases, nearly 100 court of appeals cases, and dozens of appellate matters involving requests for discretionary review or emergency relief. He has developed a broad range of substantive experience concerning federal constitutional, statutory, and regulatory litigation, from both an offensive and defensive perspective. He has litigated many significant cases involving, among other things, the separation of powers, the Interstate Commerce Clause, the First Amendment, the Takings Clause, the Equal Protection Clause, the Administrative Procedure Act, the Affordable Care Act, the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Religious Freedom Restoration Act, federal antitrust and immigration laws, and the scope of federal court jurisdiction.
Hash was invited by the Presidential Commission on the Supreme Court of the United States to provide written testimony about the operation of the Court's emergency docket, and his testimony was featured in the Commission's Report.
Experience Prior To Rejoining Jones Day
Collins v. Yellen/Mnuchin (S. Ct.): argued successfully in defense of statutory validity of multibillion dollar agreement between FHFA and Treasury and in opposition to unconstitutional restriction on President's authority to remove FHFA director.
Fulton v. Philadelphia (S. Ct.): argued successfully that municipal government's failure to accommodate religious practices of catholic foster care services organization violated Free Exercise Clause.
Uzuegbunam v. Preczewski (S. Ct.): argued successfully that claim for nominal damages satisfies Article III standing requirements.
House Judiciary Committee v. McGahn (D.C. Cir. en banc): argued in defense of landmark panel-stage victory that a chamber of Congress lacks authority to sue an Executive Branch official to enforce a legislative subpoena.
In re: Trump (4th Cir. en banc): argued in defense of unprecedented panel-stage victory that mandamus relief was available to reverse district court's refusal to certify interlocutory appeal in novel suit seeking to enforce the Emoluments Clauses against the President.
California v. Azar (9th Cir. en banc): argued successfully in defense of HHS rule restricting promotion of abortion within Title X program.
Hernandez v. Mesa (5th Cir. en banc): argued successfully that implied Bivens damages action is not available against federal law enforcement officer engaged in cross-border shooting.
Planned Parenthood v. Hodges/Himes (6th Cir. en banc): argued successfully in defense of Ohio law restricting state funding for organizations that perform abortions.
PHH Corp. v. CFPB (D.C. Cir. en banc): argued in opposition to unconstitutional restriction on President's authority to remove CFPB Director.
International Refugee Assistance Program v. Trump (4th Cir. en banc): argued in defense of presidential proclamation restricting travel from certain countries deemed to present security risks.
Zarda v. Altitude Express, Inc. (2nd Cir. en banc): argued that Title VII's ban on sex discrimination does not encompass sexual orientation discrimination.
Guedes v. ATF (D.C. Cir.): argued successfully in defense of designation of Acting Attorney General under Federal Vacancies Reform Act.
Regents of Univ. of California v. U.S. DHS (9th Cir.): argued in defense of DHS rescission of DACA deferred-action policy.
Cedar Point Nursery v. Hassid (S. Ct.): briefed successfully that union-access regulation constituted per se physical taking.
Nestlé USA, Inc. v. Doe (S. Ct.): briefed successfully that aiding-and-abetting claim against domestic corporation under Alien Tort Statute was impermissibly extraterritorial.
Brnovich v. Democratic National Committee (S. Ct.): briefed successfully that certain Arizona voting regulations do not violate Section 2 of the Voting Rights Act.
Little Sisters of the Poor v. Pennsylvania (S. Ct.): briefed successfully that HHS had statutory authority under Affordable Care Act to exempt conscientious objectors from contraception mandate.
Kisor v. Wilkie (S. Ct.): briefed successfully that "Auer deference" doctrine should be significantly curtailed but retained in its core applications.
American Federation of Government Employees v. Trump (D.C. Cir.): briefed successfully that challenge to presidential executive order concerning federal sector unions must be channeled through Federal Labor Relations Authority.
In re: Federal Bureau of Prisons Execution Protocol Cases et al. (S. Ct.; D.C. Cir.; et al.): supervised briefing successfully defending against myriad civil suits that challenged 13 federal executions on various constitutional and statutory grounds.
- January 31, 2022
The Administrative State Goes to Court: A "Halftime" Analysis of the Supreme Court's Term, Gray Center for the Study of the Administrative State
- June 22, 2021
Supreme Court End-of-Term Media Briefing, U.S. Chamber Litigation Center
- September 22, 2016
Anticipating the Supreme Court's October Term 2016: What to Expect, Georgetown Supreme Court Institute Annual Press Briefing
- April 19, 2016
The Voting Rights Act after Shelby County v. Holder; National Association of Attorneys General, 2016 Southern Region Meeting
- October 7, 2015
Keynote Address at Tri-Regulator Symposium: North Carolina State Board of Dental Examiners v. Federal Trade Commission
- September 22, 2015
Anticipating the Supreme Court's October Term 2015: What to Expect, Georgetown Supreme Court Institute Annual Press Briefing
- May 1, 2015
American Health Lawyers Association: The Supreme Court's Ruling on Antitrust Immunity for State Regulatory Boards: North Carolina State Board of Dental Examiners v. FTC and Its Implications
- April 1, 2015
State and Local Legal Center: What's Next after North Carolina State Board of Dental Examiners?
- March 20, 2015
Administrative Law Review Symposium, Antitrust: At the Intersection of Private and Public Regulation; NC Bd. of Dental Examiners v. FTC
- February 26, 2015
Reaction by Counsel to the Decision in NC State Board v. FTC, ABA Section of Antitrust Law
- September 23, 2014
Anticipating the Supreme Court's October Term 2014: What to Expect, Georgetown Supreme Court Institute Annual Press Briefing
- February 26, 2014
Georgetown Supreme Court Institute Mock Moot Court: Religious Objections to Contraception Coverage, Sebelius v. Hobby Lobby
- November 12, 2013
Thinking Outside the Box: Creative Responses to Difficult Situations on Appeals; Edward Coke Appellate Inn of Court Panel
- February 26, 2013
Georgetown Supreme Court Institute Panel Discussion of Shelby County v. Holder
Speaking Engagements Prior to Rejoining Jones Day
May 20, 2021
Is Faithful Execution Being Devoured by Factional Execution?, Federalist Society Panel
March 26, 2021
When the Government Changes Sides in Ongoing Litigation, Federalist Society Panel
December 17, 2020
The Shadow Docket / Emergent Litigation at the Supreme Court, Edward Coke Appellate Inn of Court Panel, Washington, D.C.
November 2, 2018
Nationwide Injunctions: The Good, the Bad, and the Ugly, ABA Administrative Law Conference Panel, Washington, D.C.
- Harvard University (J.D. magna cum laude 2005; Articles Editor, Harvard Law Review; A.B. in Economics cum laude 2002)
- District of Columbia; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Eleventh, D.C., and Federal Circuits; and U.S. District Court for the District of Columbia
- Served with the U.S. Department of Justice in the following positions: Counselor to the Solicitor General (2020-2021); Deputy Assistant Attorney General, Civil Appellate Staff (2017-2020); and Assistant to the Solicitor General (2017)
Law360 Rising Star in Appellate Law (2015)
Barrister, Edward Coke Appellate Inn of Court
- Hon. Antonin Scalia, Supreme Court of the United States (2006-2007); Hon. J. Michael Luttig, U.S. Court of Appeals, Fourth Circuit (2005-2006)