Paul D. Clement

Paul D. Clement
Office of the Solicitor General · Public domain · source
Name	Paul D. Clement
Birth date	1966
Occupation	Lawyer, Academic
Alma mater	Princeton University, Harvard Law School
Years active	1991–present

Paul D. Clement is an American appellate advocate and legal scholar noted for extensive Supreme Court litigation and service in the U.S. Department of Justice. He has represented a wide array of clients in high-profile constitutional, regulatory, and administrative cases, argued numerous matters before the Supreme Court of the United States, and served as Acting Solicitor General during the George W. Bush and Barack Obama administrations. Clement's career spans private practice at major law firms, federal appellate clerking, and academic appointments at leading law schools.

Early life and education

Born in 1966, Clement attended Princeton University where he studied public policy and graduated with honors. He later earned a Juris Doctor from Harvard Law School, receiving the rigorous legal training that led to clerkships with Judge J. Michael Luttig on the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia on the Supreme Court of the United States. During his time at Harvard Law School, Clement engaged with constitutional litigation topics connected to Marbury v. Madison and debates surrounding Chevron deference and Article III jurisprudence.

Legal career

Clement began his career at leading firms including Kirkland & Ellis and later became partner at Bancroft PLLC and King & Spalding. He served in the United States Department of Justice Office of the Solicitor General, advancing to Principal Deputy Solicitor General and Acting Solicitor General. His appellate practice has included appearances before the United States Court of Appeals for the D.C. Circuit, the United States Court of Appeals for the Second Circuit, and state supreme courts such as the New York Court of Appeals. Clement has represented corporate clients like Microsoft Corporation, Citigroup, and ExxonMobil as well as individual petitioners in constitutional matters implicating the First Amendment, Fifth Amendment, and Fourteenth Amendment.

Notable cases and Supreme Court advocacy

Clement has argued a large docket before the Supreme Court of the United States, including cases touching on separation of powers and regulatory authority such as challenges involving the Affordable Care Act, National Labor Relations Board, and Environmental Protection Agency. He represented petitioners in cases related to campaign finance and political speech after Citizens United v. Federal Election Commission and has taken positions in disputes over executive power involving presidents George W. Bush, Barack Obama, and matters arising during the Trump administration. Among notable matters, he appeared in disputes concerning Securities and Exchange Commission enforcement, National Federation of Independent Business v. Sebelius, and litigation implicating the Protections Clause of the Constitution as interpreted across precedents like Rucho v. Common Cause and Shelby County v. Holder.

Tenure as acting Solicitor General

As Acting Solicitor General, Clement supervised federal appellate strategy for the United States in major litigation and coordinated filings in the Supreme Court of the United States and federal circuits. He briefed and argued cases that engaged doctrines from Chevron deference to state sovereign immunity under the Eleventh Amendment, working with offices such as the Civil Division and the Office of Legal Counsel. His tenure overlapped with litigation addressing the Patriot Act, Guantanamo Bay detention camp litigation, and challenges to executive orders, requiring interplay with actors like the Department of Defense and Central Intelligence Agency.

Academic and later career

Following government service, Clement joined academia and appellate practices, teaching courses on appellate advocacy at institutions such as Georgetown University Law Center and lecturing at Harvard Law School and Yale Law School events. He re-entered private practice as head of appellate groups at firms including Latham & Watkins and co-founding Bancroft PLLC, mentoring clerks who later joined chambers of judges like Merrick Garland and Neil Gorsuch. He has published essays and delivered talks at forums such as the Federalist Society and the American Bar Association on topics including judicial review, administrative law, and statutory interpretation.

Public positions and legal philosophy

Clement is identified with conservative and textualist approaches to statutory interpretation associated with scholars like Antonin Scalia and Robert Bork, while also advocating robust advocacy roles for the Solicitor General modeled after precedents set by figures such as Theodore Olson and Seth Waxman. He has critiqued expansive administrative agency authority under doctrines originating in cases like Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and has argued for strengthened unitary executive principles sometimes linked to scholarship of John Yoo and Philip Bobbitt. At the same time, Clement has represented diverse clients across ideological lines, engaging with institutions including AARP and industry groups like the U.S. Chamber of Commerce.

Personal life and honors

Clement is married and resides in the Washington, D.C. area. He has received recognition from peer organizations including listings in Chambers and Partners and awards from the National Law Journal for appellate advocacy. His clerks and mentees have gone on to serve in offices such as the Supreme Court of the United States clerkships and federal appellate chambers, contributing to his reputation within networks spanning the Federal Judiciary, law firms like Covington & Burling, and academic institutions.

Category:American lawyers Category:Harvard Law School alumni Category:Princeton University alumni