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 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.
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
- 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
- BlogsSix Decisions, with Intellectual Property and Internet Communications Regarding Terrorist Activity at the Forefront ...12 minute read
- BlogsHolding Tight on Agency Reins - SCOTUS Today2 minute read
- BlogsA Calm and Prolific Day at the Court, and a Better Day for Criminal Defendants Than for the Second Circuit - SCOTUS Today ...10 minute read
- BlogsThe Sign of the Three—Text Rules: SCOTUS Today6 minute read
- BlogsA Good Day for Jersey: SCOTUS Today4 minute read
- BlogsCourt’s Ruling Against FTC and SEC May Signal Future Limits on Agency Autonomy: SCOTUS Today5 minute read
- BlogsJurisdictional or Nonjurisdictional? That Is the Question: SCOTUS Today4 minute read
- BlogsCourt Unanimously Holds That IDEA Administrative Remedy Requirements Do Not Preclude Compensatory Damages Under ADA ...3 minute read
- BlogsUnusual Groupings of Justices Decide Two Cases Involving Contradictory Applications of Textualism - SCOTUS Today ...4 minute read
- BlogsHigh-Earning Worker Entitled to Overtime Pay, Death-Row Inmate Can Challenge Punishment, and Bankruptcy Can’t ...7 minute read
- Media CoverageLaw360’s Hottest Firms and Stories Features Epstein Becker Green Insight on FTC’s Noncompetes Proposal2 minute read
- PublicationsFTC's Noncompete Proposal Is Based on Misrepresentations3 minute read
- BlogsThe First Rulings of the New Term - Dismissing Attorney-Client Privilege Case, Denying Equitable Tolling in Veteran’s ...6 minute read
- PublicationsAfter 200+ Years Under State Law, FTC Proposes to Sweep Away All Noncompetes in Unauthorized Federal Power Grab ...3 minute read
- BlogsCourt Upholds Biden Vaccine Mandate and Bump Stock Ban; Remembering Laurence Silberman and Raymond Strother: SCOTUS Today ...4 minute read
- Media CoverageStuart Gerson Quoted in “Acting Civil Division Chief Faces Thorny Red State Tests Ahead”2 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2023 Best Lawyers for Excellence in the Legal Profession
11 minute read - Media CoverageLaw360’s Hottest Firms and Stories Features Epstein Becker Green Insight on FTC Authority to Ban Noncompetes2 minute read
- Media CoverageJenny Nelson Carney, Stuart Gerson Quoted in “The Rulings That Quickly Made 2022 Huge for Health Law”4 minute read
- BlogsThe FTC Seemingly Thumbs Its Nose at the Supreme Court4 minute read
- PublicationsFTC Authority to Ban Noncompetes Shaky After EPA Ruling2 minute read
- BlogsTwo and Done: SCOTUS Today5 minute read