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Will the 9th Circuit Still be Center Stage in Trump Policy Challenges?

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Aileen McGrath spoke with the National Law Journal about the strategic considerations for plaintiffs seeking to challenge Trump’s second-term policies in court. 

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Aileen McGrath spoke with the National Law Journal about the strategic considerations for plaintiffs seeking to challenge Trump’s second-term policies in court. Aileen highlighted the importance of district court assignments, noting, “Winning before the district court will continue to be an important focus of these plaintiffs, and the odds of a victory before the Northern District of California may outweigh any slight shift in odds at the Ninth Circuit compared to eight years ago.” She also discussed that unique circuit or district case law relevant to a particular case will influence venue decisions.Read the <a href="https://www.law.com/nationallawjournal/2024/11/12/will-the-9th-circuit-still-be-center-stage-in-trump-policy-challenges/" target="_blank">full article</a>.

Will the 9th Circuit Still be Center Stage in Trump Policy Challenges?

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Aileen McGrath, a partner in Morrison Foerster’s Appellate and Supreme Court practice, leads high stakes appeals in the U.S. Supreme Court and appellate courts across the country, with a particular focus on courts in California.Aileen’s clients describe her as “one of the best writers I have ever seen,” uniquely skilled at developing “the most effective strategy” in bet-the-company cases, and “extraordinarily knowledgeable.” (Chambers USA)A broad range of sophisticated clients turn to Aileen to lead their appeals. Aileen has a robust track record, including arguing in the U.S. Supreme Court and leading many other Supreme Court matters at the merits and certiorari stages. She has also argued multiple appeals in the U.S. Court of Appeals for the Ninth Circuit and California Courts of Appeal, and she has led representations at the California Supreme Court. Aileen is recognized as a rising star in appellate litigation in California. She is ranked in the "Up and Coming" category for Litigation: Appellate in California by Chambers USA. Additionally, The Legal 500 has named her a "Next Generation Partner" in the Appellate: Supreme Courts (States and Federal) practice area.Aileen possesses deep expertise in multiple areas of law, including class actions, consumer protection cases, constitutional and civil rights issues, labor and employment matters, state and local government litigation, and state and federal administrative proceedings. Beyond her appellate engagements, she is actively involved at the trial court level, collaborating with clients as a creative problem-solver and trusted strategic advisor. Before joining Morrison Foerster, Aileen was the Co-Chief of Appellate Litigation at the San Francisco City Attorney’s Office. Previously, she served as Deputy City Attorney on the Complex and Affirmative Litigation team. Throughout her service in the Office, she acted as lead counsel for San Francisco in numerous significant matters at all levels of the California state and federal courts, including the U.S. Supreme Court and California Supreme Court.Aileen is an active member of the Bar Association of San Francisco and the Association of Business Trial Lawyers Northern California chapter. Aileen maintains a robust pro bono practice, and she has been recognized by the International Municipal Lawyers Association and the California County Counsel’s Association for her dedication to local-government public interest work. She regularly guest lectures about oral advocacy and effective appellate writing at law schools across the country, including Yale Law School, UC Berkeley School of Law, UC Law San Francisco, and American University Washington College of Law. Aileen also frequently speaks publicly about the U.S. Supreme Court and the California Supreme Court.Aileen served as a law clerk to Justice Stephen Breyer of the U.S. Supreme Court and then-Chief Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit. She also served as a chambers attorney at the California Supreme Court for Justice Mariano-Florentino Cuéllar.Aileen earned her J.D., magna cum laude, from Harvard Law School, where she was awarded the prestigious Sears Prize, recognizing the top two students in her class. She also served as president of the Harvard Law Review. She received her B.A., magna cum laude, from Columbia University.<h4>Representative Experience</h4><ul><li>Sheetz v. County of El Dorado (<a href="https://www.supremecourt.gov/oral_arguments/audio/2023/22-1074" target="_blank">audio recording</a>). Argued on behalf of California local government in a U.S. Supreme Court property-rights case with significant national implications for land-use planning.</li></ul><ul><li>Successfully opposed a U.S. Supreme Court petition for certiorari in a Fourth Amendment case involving a circuit conflict.</li></ul><ul><li>Armstrong v. Michaels Stores, Inc. (<a href="https://www.ca9.uscourts.gov/media/audio/?20221118/21-16423/" target="_blank">audio recording</a>). Argued and won a Ninth Circuit appeal in a case seeking to upend the standard for analyzing waiver of the right to move to compel arbitration.</li></ul><ul><li>Successfully defeated class certification on behalf of a leading telecommunications company, and successfully led appellate representation to defeat plaintiffs’ Rule 23(f) petition for Ninth Circuit interlocutory review.</li><li>Successfully represented American Indian tribe before the Second Circuit in a significant Indian law case challenging New York State officials’ operation of state highway across tribe’s reservation.</li></ul><ul><li>City & County of San Francisco v. Barr (<a href="https://www.ca9.uscourts.gov/media/audio/?20191202/18-17308/" target="_blank">audio recording</a>). Successfully challenged federal government’s denial of Byrne JAG funding for sanctuary cities, including briefing and arguing appeal before Ninth Circuit and opposing petition for certiorari.</li></ul><ul><li>Successfully briefed and argued appeal in landmark California water rights case challenging the operation of the Hetch Hetchy Reservoir.</li></ul><ul><li>Rivera v. Garland (<a href="https://www.ca9.uscourts.gov/media/audio/?20210301/19-71755/" target="_blank">audio recording</a>). Argued and won a Ninth Circuit immigration victory in a case seeking asylum for a mother and her young daughter who fled gang violence in El Salvador.</li></ul><ul><li>Defeated petition for en banc review in D.C. Circuit appeal challenging Department of Interior’s tribal land trust decision.</li><li>Successfully defended local government retail ordinance against a dormant Commerce Clause challenge.</li><li>Served as key drafter of the U.S. Supreme Court merits briefing in Hollingsworth v. Perry, which secured marriage equality in California.</li><li>Defeated election challenge to a San Francisco ballot initiative. </li></ul>

Aileen McGrath

Partner

Government Strategies

Appellate + Supreme Court