Gregory Garre is a partner in the Washington, DC office of Latham & Watkins and Global Chair of the Latham's Supreme Court and Appellate Practice Group. He handles a broad array of complex litigation matters at all levels of the federal and state court systems and counsels clients on constitutional, regulatory and other matters. Recently named an “Appellate MVP” by Law360, he is widely considered one of the nation’s top appellate advocates.
Mr. Garre served as the 44th Solicitor General of the United States (2008-2009), after being unanimously confirmed to the position by the US Senate. As Solicitor General, he was the federal government’s top lawyer before the Supreme Court and was responsible for overseeing the government’s litigation in the federal appellate courts. He also served as Principal Deputy Solicitor General (2005-2008) and as an Assistant to the Solicitor General (2000-2004). He is the only person to have held all of those positions within the Office of the Solicitor General.
Mr. Garre has argued 39 cases before the Supreme Court and has briefed and served as counsel of record in hundreds of additional cases before the Court. His successful arguments include Ashcroft v. Iqbal, Monsanto v. Geerston Seed Farm, Christian Legal Society v. Martinez, FCC v. Fox Television Stations, Inc., Winter v. Natural Resources Defense Council, Inc., Munaf v. Geren, Baze v. Rees, Johanns v. Livestock Marketing Association and Dastar Corp. v. Twentieth Century Fox Film Corp. He has argued cases in each of the past 12 terms and has argued more cases before the Supreme Court since 2000 than all but three lawyers in private practice.
Last term, in Vance v. Ball State University, the Court issued a 5-4 decision in favor of Mr. Garre’s employer client, in one of the most closely watched employment discrimination cases in recent years. In addition, in United States v. Home Concrete, the Court recently sided with Mr. Garre’s taxpayer client and handed the IRS a rare defeat in a 5-4 decision that The Wall Street Journal reported could have a billion dollar tax impact. During the past three terms, he has argued nine cases before the Court, including in Fisher v. University of Texas—one of highest profile cases in recent years.
Mr. Garre also has argued scores of cases before the federal and state courts of appeals. This past year, for example, he secured a complete victory on behalf of a major automobile manufacturer in a preemption ruling handed down by the South Carolina Supreme Court (Priester v. Ford). In addition, he recently secured a path-marking victory in the US Court of Appeals for the DC Circuit on the scope of the Food and Drug Administration’s regulatory authority in NJOY v. FDA, which was identified by The Wall Street Journal as a "bet-the-industry case".
Mr. Garre has extensive intellectual property experience. He has handled numerous patent cases before the Federal Circuit and Supreme Court, including in the areas of patent eligibility and claim construction. In OIP Technologies Inc. v. Amazom.com, he recently secured the dismissal of a major patent infringement action against Amazon. In addition, he successfully argued Dastar Corp. v. Twentieth Century Fox Film Corp. before the Supreme Court in the area of trademark.
Mr. Garre has handled cases involving a wide array of important matters, including in the areas of administrative law, alien tort statute, antitrust, bankruptcy, business and employment law, contract law, civil rights, education, environmental law (Clean Air Act, Clean Water Act, and National Environmental Policy Act), First Amendment, Fifth Amendment, food and drug, Indian law, intellectual property (patent, copyright, and trademark), international law, labor, preemption, separation of powers, tax, telecommunications, torts and voting rights.
Mr. Garre has been recognized as a premier Supreme Court and appellate advocate by Chambers USA, American Lawyer, The Legal 500 US, Super Lawyers, and Best Lawyers in America, and was named by Washingtonian magazine as one of Washington's Best Lawyers and added to the publication's list of “Stars of the Bar.” In 2006, he was named to The American Lawyer's “Fab 50” list of top litigators under the age of 45 expected to be “leading the field for years to come.” In addition, he was one of the lawyers whose work was profiled in Point Made: How to Write Like the Nation’s Top Advocates (2011 Oxford University Press), a book highlighting “great writing” by “the most renowned and influential advocates.”
In 2014, Mr. Garre was elected to both the American Law Institute and the Academy of Appellate Lawyers. In 2012, he was awarded the prestigious Rex Lee Advocacy Award. In 2011, his successful representation in Christian Legal Society v. Martinez was recognized by the Financial Times in its "US Innovative Lawyers Report.” In 2010, he was named “Appellate Lawyer of the Week” by the National Law Journal for his successful arguments before the Supreme Court in two different cases just eight days apart. His successful certiorari petition in Maples v. Thomas was named by the National Law Journal as its “Brief of the Week.”
Mr. Garre also has received numerous awards for his public service, including the Attorney General's Medallion for his service as Solicitor General. He is a recipient of the Attorney General's Distinguished Service Award, the Attorney General's Award for Excellence in Furthering Interests of US National Security, and additional honors from the Department of Justice for his work on important civil litigation matters. In addition, he received the Navy's Distinguished Public Service Award—the Navy's highest civilian honor—for his winning argument in Winter v. NRDC, which secured a major Supreme Court victory for the Navy and its ability to conduct critical naval exercises.
Mr. Garre has taught constitutional law and Supreme Court practice for many years at the George Washington University Law School. He has testified before Congress and speaks and publishes frequently on issues related to the Supreme Court and appellate practice. In 2011, the Chief Justice of the United States appointed Mr. Garre to the Standing Committee on the Rules of Practice and Procedure of the Judicial Conference of the United States.
Following his graduation from law school, Mr. Garre served as a law clerk to Chief Justice William H. Rehnquist, and to Judge Anthony J. Scirica of the United States Court of Appeals for the Third Circuit.