J. Michael Connolly is set to debut his argument in the US Supreme Court in a high-stakes challenge to President Joe Biden’s $400 million student loan debt relief program. Connolly, who has spent his career behind the scenes in US Supreme Court cases, will represent two student loan recipients who argue they were unfairly excluded from the maximum benefits of the Biden program that is on hold due to legal challenges.
Attorneys from Consovoy McCarthy, a boutique firm, have often appeared before the justices. However, this will be the first since the death of founding partner William Consovoy in January. Consovoy McCarthy has been at the heart of other conservative causes at the court, including representing Donald Trump in his 2019 bid to withhold financial records from Congress.
Opening arguments to multiple attorneys at the same firm is rare in Supreme Court advocacy. However, it is a Consovoy practice, and Connolly’s moment at the lectern reflects this. Connolly is usually tasked with writing briefs. However, he joins a deep bench that has argued ten high court cases since 2014, including challenges to affirmative action programs at Harvard and the University of North Carolina.
With a focus on regulatory, constitutional, and complex civil litigation, Connolly was the lead attorney on an amicus brief filed on behalf of Minnesota state court employees in the 2018 case Janus v. AFSCME. In that Supreme Court decision, public employees were no longer required to pay union dues. Similarly, Connolly led a successful amicus effort last term to limit the Environmental Protection Agency’s authority to regulate climate change in West Virginia v. EPA.
Connolly’s role, in this case, was instrumental in crafting the litigation strategy, bringing in the clients, and litigating the case in lower courts. According to partner Thomas R. McCarthy, “This was always Mike’s case, and no one could do a better job on it than him.”
Consovoy McCarthy has created a team that does not depend on any one lawyer, unlike the generally accepted “constellation model,” in which one attorney handles all Supreme Court arguments for a firm. This approach proved essential when Consovoy stepped aside from the affirmative action arguments due to cancer treatment. David Lat, who writes a newsletter on the law and the legal profession, Original Jurisdiction, said it’s remarkable for Consovoy to have that many lawyers with high court experience, particularly considering its small size.
The Supreme Court’s decision on this case could have far-reaching implications for student loan borrowers. The student loan recipients argue they were unfairly excluded from the maximum benefits of the Biden program, which is on hold due to legal challenges. If the Supreme Court rules in their favor, it could mean that more borrowers will be eligible for the program’s maximum benefits, potentially opening the door for other challenges to the student loan system.
Overall, J. Michael Connolly’s argument debut in the Supreme Court is a significant moment for him and the Consovoy McCarthy firm and student loan borrowers nationwide. With his deep experience in complex litigation and a successful track record of arguing amicus briefs, Connolly is well-equipped to handle the challenge and bring about a favorable outcome for his clients.
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Consovoy Boutique Firm Back to High Court in Student Loan Case