Overview
Pro Bono
County of El Paso, Texas, and Border Network for Human Rights
Stuart Gerson has partnered with Laurence H. Tribe and others, including a team from Epstein Becker Green, on a pro bono effort to challenge, on behalf of the County of El Paso, Texas, and the Border Network for Human Rights, President Trump's national emergency declaration on the border wall. For this effort, Stuart was recognized as one of the "Litigators of the Week" by The American Lawyer, in October 2019. In the accompanying article, Stuart explains:
Our clients are the County of El Paso, Texas, a community that a section of the border wall would, if completed, go through, and the Border Network for Human Rights, an organization that promotes humane immigration policies and whose members are directly affected by the president’s proclamation.
I got involved in the case at the request of Protect Democracy, one of the public interest groups that initially connected with our clients. I was selected as an experienced trial and appellate litigator and former government official with well-known right-of-center views. Among the others working on the case, [Professor] Larry Tribe offered great skills and experience and has well-known liberal views. It was important that our team be seen as non-partisan, dedicated to the constitution and the rule of law, and not acting for political reasons.
In October 2019, the Western District of Texas issued a summary judgment in favor of the plaintiffs, enjoining the administration from border barrier construction. The litigation is ongoing.
Below are videos of Stuart’s testimony before Congress and an interview on MSNBC:
February 28, 2019 - Stuart Gerson on C-SPAN: House Judiciary Hearing on 1976 National Emergencies Act and the Constitutionality of Southern Border Wall National Emergency Declaration
February 21, 2019 - Stuart Gerson on MSNBC: Constitutionality of Border Wall National Emergency Declaration
Seabury Resources for Aging®
Stuart is a member of the Board of Directors of Seabury Resources for Aging® (“Seabury”) and has provided pro bono legal services to the organization. For example, in 2015, Stuart was among the Epstein Becker Green attorneys and staff members who collectively spent more than 270 hours providing Seabury with general legal and labor relations advice. Seabury, a 501(c)(3) organization, was established in 1924 and serves more than 15,000 older adults and family caregivers in the greater Washington, DC, area. Its mission is to supply personalized, affordable services and housing options to help older adults live with independence and dignity.
Focus Areas
Services
- Antitrust
- Appellate
- Artificial Intelligence
- Class Actions
- Corporate and Securities Litigation
- Data Breach/Cybersecurity Investigations & Litigation
- Federal and State False Claims Act (Including Qui Tam)
- Health Care
- Health Care Litigation
- Health Policy and Legislation
- Litigation & Business Disputes
- Privacy, Cybersecurity & Data Asset Management
- Ransomware
- White Collar Defense and Internal Investigations
Experience
Recognition
Stuart has received an "AV Preeminent" Peer Review Rating by Martindale-Hubbell for the past 30 years, signifying the highest level of professional excellence. In addition, he has been selected by his peers for inclusion in The Best Lawyers in America© (2014 to 2025) in the field of Health Care Law. He also was selected for inclusion in The American Lawyer and Martindale-Hubbell's Top Rated Lawyers 2014 list in Washington, DC, and the 2013 list in Health Care Law and was named to the Washington, DC Super Lawyers list (2013) in the areas of Civil Litigation: Defense, Social Security Disability, and Antitrust Litigation. In October 2019, Stuart was named one of The American Lawyer’s “Litigators of the Week” for his non-partisan pro bono work to challenge border wall funding.
Credentials
Education
- Georgetown University Law Center (J.D., 1967)
- Pennsylvania State University (B.A., 1964)
Bar Admissions
- District of Columbia
- New York
Court Admissions
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court, District of Arizona
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of Michigan
Professional & Community Involvement
- American Bar Foundation, Fellow
- Constitution Project
- Federalist Society
- Heritage Foundation Center for Legal and Judicial Studies, Legal Advisory Board
- Law360 Health Editorial Advisory Board
- National Council of Registered ISAOs, Board of Directors
- Seabury Resources for Aging, Board of Directors
- Washington Legal Foundation, Legal Policy Advisory Board
Media
Events
Past Events
- January 27, 2023
- June 9, 2022
Insights
Insights
- Media CoverageStuart Gerson, Erik Weibust, Peter Steinmeyer Quoted in “Will the FTC Non-Compete Ban Happen? Physicians Await Uncertain ...7 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - BlogsWestern District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor ...3 minute read
- Publications
Supreme Court Alters the Administrative State: Loper and Relentless Decision Shifts Authority from Administrative ...
13 minute read - Media Coverage
Stuart Gerson Quoted in “FDA’s Lab Developed Test Rule Could Be First Check on Agency’s Power Post-Chevron” ...
3 minute read - Media Coverage
Stuart Gerson Discusses the Supreme Court’s Decision to Overturn Chevron and Agency Authority
2 minute read - BlogsChevron Exploded, Capitol Demonstrators Freed, Homeless Penalized—Film at Eleven - SCOTUS Today8 minute read
- BlogsTerm Ends with Both Bangs and Whimpers, All Highly Consequential - SCOTUS Today11 minute read
- Media CoverageStuart Gerson Discusses Recent SCOTUS Decision and Sarbanes-Oxley Coverage of Obstructive Conduct2 minute read
- Blogs
Another Leak Confirmed and Other Important Decisions and Divisions Issued, but Not Loper or Trump - SCOTUS Today ...
9 minute read - BlogsTwo Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today6 minute read
- BlogsLate-Term Flood of Decisions Continues, Disagreement Among Justices Increasingly Pronounced - SCOTUS Today10 minute read
- BlogsNot the Day We Are Waiting For - SCOTUS Today8 minute read
- Blogs
Bump Stock Ruling May Presage Loper—and Clearer Answers to Immigration and Bankruptcy Questions - SCOTUS Today ...
8 minute read - BlogsFDA Wins Mifepristone Case, NLRB Denied Lower Injunctive Relief Standards, and “Trump Too Small” Denied Trademark ...7 minute read
- BlogsA Day for Specialists - SCOTUS Today6 minute read
- BlogsPreemption, the First Amendment, and Ineffective Assistance of Counsel on Today’s Decisional Menu - SCOTUS Today ...9 minute read
- BlogsThree for Thursday - SCOTUS Today7 minute read
- BlogsTwice Again, Jurisdictional Timing Matters; Battle Among Originalists Leaves Consumer Financial Protection Board ...8 minute read
- BlogsMatters of Time - SCOTUS Today6 minute read
- Media CoverageLaw360’s Hottest Firms and Stories Features Epstein Becker Green Insight on the Federal Trade Commission's Noncompete ...1 minute read
- PublicationsThe FTC's Noncompete Rule Is Likely Dead on Arrival2 minute read
- BlogsInsignificant Harm Not So Insignificant in Proving Title VII Transfer Violation - SCOTUS Today5 minute read
- BlogsToday’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today4 minute read
- BlogsUnanimity Among Justices Rules the Day - SCOTUS Today6 minute read
- BlogsTwo Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues ...6 minute read
- BlogsPublic Officials Subject to Suits for Blocking Social Media Critics, “Safety Valve” Relief from Mandatory Minimums Is ...5 minute read
- Media CoverageStuart Gerson, Rob Wanerman Quoted in “No Red Herring: Fisheries’ Legal Arguments About Chevron Deference Could ...2 minute read
- BlogsSupreme Court Unanimously Rules States Cannot Enforce Section 3 of the 14th Amendment to Disqualify a Presidential ...3 minute read
- BlogsInconsistent Verdicts Don’t Negate Double Jeopardy in Blocking Murder Case Retrial - SCOTUS Today4 minute read
- Publications
Striking a Balance: The Supreme Court and the Future of Chevron Deference
27 minute read - BlogsA Big Day at the Court, with a Few Small, Unanimous Decisions - SCOTUS Today4 minute read
- PublicationsNoncompete Report Misinterpreted Critique of FTC Proposal4 minute read
- BlogsDo ADA Testers Have Standing? SCOTUS Takes the Easy Way Out - SCOTUS Today4 minute read
- Media CoverageStuart Gerson Quoted in “Deepfake Political Ads Are ‘Wild West’ for Campaign Lawyers”2 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - BlogsAffirmative Action in College Admissions Takes a Hit, While Employer Accommodation for Religious Beliefs Is Expanded ...10 minute read
- BlogsDivided Court Gives Primacy to Freedom of Religion, Invokes “Major Questions Doctrine” to Overturn Student Loan ...11 minute read
- Media CoverageStuart Gerson Quoted in “Coinbase High Court Win Hits at Arbitration-Settlement Strategy”2 minute read
- Blogs
Another Election Law Blockbuster: Moore Is Alive, but Independent State Legislature Theory Is Not – SCOTUS Today ...
9 minute read - BlogsSupreme Court Recognizes Employer Right to Damages From Unions When Certain Types of Strike Activity Results in Economic ...5 minute read
- BlogsArbitration, Confrontation, Immigration, and Conversation on the Court’s Agenda Today - SCOTUS Today8 minute read
- BlogsCourt Rules Against Navajo Water Rights, Statutory Habeas Corpus - SCOTUS Today7 minute read
- BlogsHow Big a Deal Is “Trump Too Small”? - SCOTUS Today21 minute read
- BlogsThe United States Is the FCA Party in Interest, Not the Relator - SCOTUS Today4 minute read
- BlogsIndian Child Custody, Tribal Bankruptcy Coverage, and Criminal Case Venue Occupy Today’s Docket - SCOTUS Today ...7 minute read
- BlogsVoting Rights, Health Care Liability, and Trademark Are the Subjects of the Day - SCOTUS Today8 minute read
- BlogsHealth Care Fraud and Labor Unrest Top Today’s Docket - SCOTUS Today7 minute read
- BlogsPatchwork of State Data Privacy Laws Adds Three New Patches7 minute read
- BlogsA Big Day for the Little Guy - SCOTUS Today7 minute read