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



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 2024) 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.



  • Georgetown University Law Center (J.D., 1967)
  • Pennsylvania State University (B.A., 1964)

Bar Admissions

Court Admissions

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





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