Scott A. Keller

Practice Group Chair - Supreme Court and Constitutional Law (Firmwide) Partner

[email protected]

Washington, D.C.

P: +1.202.639.7837 F: +1.202.585.1023

Austin

P: +1.512.322.2500
Scott Keller

"He is praised by opponents as a formidable advocate"

The New York Times 2016

Scott Keller chairs the firm's Supreme Court and Constitutional Law Practice.

Scott has argued 11 cases in the U.S. Supreme Court and has been counsel of record on over 90 U.S. Supreme Court briefs, including disputes involving regulatory, free speech, immigration, election, criminal, environmental, antitrust, intellectual property, and interstate water issues.

Certain attorneys like Scott Keller . . . have had as much experience before the Supreme Court as some of the more experienced repeat players from private practice and have developed corresponding reputations for their expertise.

Empirical SCOTUS 2018

As a nationally-recognized appellate, Supreme Court, and constitutional lawyer by his clients, Scott has been counsel of record in many cases throughout the federal courts of appeals. Law360 recognized Scott as an "Appellate Rising Star" (2019). Clients rely on and seek out Scott for his significant judicial and government experience as well as his deep understanding of how to persuasively frame arguments before a court.

Scott's leadership includes serving as the Solicitor General of Texas (from 2015-2018). Scott is the only practicing lawyer to have argued at least 10 cases in each of the Texas Supreme Court and U.S. Supreme Court.

Clients including Mangrove Partners, Clarion Technology Company, the U.S. Chamber of Commerce, Remington, the Cato Institute, the American Petroleum Institute, the Edison Electric Institute, the Food Marketing Institute, and the International Group of P & I Clubs rely on Scott's extensive experience to assist them with complex issues and to minimize business interruption.

A sought after speaker and writer, Scott regularly speaks and writes on appellate advocacy, and is frequently quoted by the media.

Scott is a member of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to recommend nominees for federal judicial and U.S. Attorney positions in Texas.

Scott also served as U.S. Senator Ted Cruz's chief counsel on the Senate Judiciary Committee. Prior, Scott clerked for U.S. Supreme Court Justice Anthony Kennedy, was a Bristow Fellow in the U.S. Department of Justice's Office of the Solicitor General, and clerked for Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit.

Related Experience

Intellectual Property

  • Successfully argued on behalf of car and technology manufacturers in major copyright case. Alliance of Artists & Recording Companies, Inc. v. Denso Int’l Am., Inc., 947 F.3d 849 (D.C. Cir. 2020).
  • Led 17-State amicus coalition in case successfully limiting patent venue. TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017).

Securities and Class Actions

  • Successfully obtained settlement for hedge fund after appealing fiduciary-duty class action certification order from Delaware Chancery Court. Mangrove Partners Master Fund, Ltd. v. Schechter, No. 191, 2019 (Del. June 20, 2019).

Antitrust

  • Successfully retained $450 million antitrust verdict. United States & Texas et al. v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015), cert. denied, 136 S. Ct. 1376 (2016).

Federal and State Regulatory

  • Successfully represented 26-State coalition in Administrative Procedure Act challenge to federal agency action on immigration. United States v. Texas, 136 S. Ct. 2271 (2016) (per curiam).
  • Successfully co-led 29-State coalition obtaining unprecedented pre-review stay of EPA rulemaking. West Virginia & Texas et al. v. EPA, 136 S. Ct. 1000 (2016).
  • Successfully obtained stay of EPA regional haze rule implicating $2 billion in costs. Texas v. EPA, 829 F.3d 405 (5th Cir. 2016).
  • Successfully persuaded Texas Supreme Court to unanimously overrule seven different courts of appeals in holding that a deadline for challenging an agency decision was not jurisdictional. Tex. Mut. Ins. Co. v. Chicas, 2019 WL 1495202 (Tex. 2019),

Elections

  • Successfully defended state redistricting plans against constitutional and Voting Rights Act challenges. Abbott v. Perez, 138 S. Ct. 2305 (2018).
  • Successfully defended state redistricting plan against one-person, one-vote challenge. Evenwel v. Abbott, 136 S. Ct. 1120 (2016).
  • Successfully defended campaign finance laws. King Street Patriots v. Tex. Democratic Party, 521 S.W.3d 729 (Tex. 2017).
  • Successfully defended voter-ID law. Veasey v. Abbott, 888 F.3d 792 (5th Cir. 2018).

Water

  • Successfully represented a State in original jurisdiction interstate water dispute. Texas v. New Mexico, 138 S. Ct. 954 (2018).

Tax

  • Successfully defended against tax claims implicating potentially $3 billion. Graphic Packaging Corp. v. Hegar, 538 S.W.3d 89 (Tex. 2017).
  • Successfully defended state tax law. Hegar v. Tex. Small Tobacco Coal., 496 S.W.3d 778 (Tex. 2016).

Healthcare

  • Successfully defeated $1 billion counterclaims in Medicaid fraud case. Nazari v. State, 2018 WL 3077659 (Tex. 2018).

Preemption

  • Successfully defended state laws on immigration against preemption challenge. City of El Cenizo v. Texas, 890 F.3d 164 (5th Cir. 2018).
  • Prevailed in challenging municipal ordinance as preempted by state law. City of Laredo v. Laredo Merchants Ass’n, 550 S.W.3d 586 (Tex. 2018).

Punitive Damages

  • Successfully argued for application of exemplary damages cap. Wal-Mart Stores, Inc. v. Forte, 497 S.W.3d 460 (Tex. 2016).

Education

  • Successfully defended public-school finance laws against constitutional challenges. Morath v. Tex. Taxpayer & Student Fairness Coal., 490 S.W.3d 826 (Tex. 2016).

First Amendment

  • Successfully defended a state license plate program against a First Amendment challenge. Walker v. Tex. Div., Sons of Confederate Veterans, 135 S. Ct. 2239 (2015).

Fourth Amendment

  • Obtained summary reversal granting qualified immunity from trial to a police officer. Mullenix v. Luna, 136 S. Ct. 305 (2015) (per curiam).

Eighth Amendment and Prisoner Challenges

  • Successfully defended criminal sentence in federal habeas corpus case. Davila v. Davis, 137 S. Ct. 2058 (2017).
  • Successfully defended state law against Eighth Amendment challenge. Whitaker v. Collier, 862 F.3d 490 (5th Cir. 2017).

Awards & Community

D.C. Rising Star - National Law Journal, 2020

U.S. Supreme Court Historical Society, Board of Trustees

Rising Star - Appellate, Law360, 2019

Member, Texas U.S. Senator's Federal Judicial Evaluation Committee, 2017-present

Adjunct professor in Supreme Court Practice, Constitutional Litigation and Federal Courts, The University of Texas School of Law, 2012, 2016, 2017

Recognized as an "Outstanding Young Alumnus" by the Texas Law Alumni Association, 2016

Named to National Law Journal's "The Hill Hot List," 2013

Temple Bar Scholar, American Inns of Court, 2010

News

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Thought Leadership

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Nationwide Injunctions

Webinar

Panelist, Executive Branch Review Week Teleforum, The Federalist Society

A Look at the New Supreme Court

Speeches & Presentations

Panelist, Free Enterprise in the Courts: What to Expect in 2019 and Beyond, U.S. Chamber Litigation Chamber

Contributor to Tessa Dysart & Leslie Southwick, Winning on Appeal: Better Briefs and Oral Argument

External Article

Events

Recent

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