Erik S. Jaffe

Sole Practitioner, Erik S. Jaffe, PC

ERIK S. JAFFE is an appellate  litigator with a practice covering a wide variety of legal issues in both state and federal courts of appeals.  A substantial  portion of Mr. Jaffe's practice focuses on constitutional issues and litigation in the United States Supreme Court.  He represents individuals, business corporations, and non-profit organizations who are parties in litigation or who seek to participate as amici curiae in cases presenting significant economic, political, or social issues.  Mr. Jaffe also collaborates with other law firms and lawyers seeking to supplement their litigation resources. At the trial level, he is available to consult with and assist primary counsel on significant issues and motions, providing an appellate perspective and helping to frame the legal issues for any potential appeal.

A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and has been a sole practitioner since 1997.

Since starting his own practice, Mr. Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters.  He has represented  businesses and non-profit groups, Judges, former government officials, Nobel Prize winners, and a broad cross-section of private individuals.   Mr. Jaffe has been involved in over 80 Supreme Court matters, including filing over 25 cert. petitions, representing half-a-dozen parties on the merits, and filing over 40 amicus briefs at both the cert. and merits stages.

  • Columbia Law School, J.D. - 1990
  • Dartmouth College, B.A. (Cum Laude) - 1986

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Publications and Multimedia
How First Amendment Procedures Protect First Amendment Substance - Event Video
2014 National Lawyers Convention
November 17, 2014
McCullen v. Coakley - Post-Decision SCOTUScast
SCOTUScast 7-3-14 featuring Erik Jaffe and Richard Garnett
July 03, 2014
The First Amendment and Government Benefits - Event Audio/Video
2013 National Lawyers Convention
November 22, 2013
Municipal Bankruptcy and Pension Reform: A Way Out? - Event Audio/Video
Sponsored by the Practice Groups of the Federalist Society
October 15, 2013
Courthouse Steps: McCutcheon v. FEC Oral Arguments - Podcast
Free Speech & Election Law Practice Group Podcast
October 14, 2013
Supreme Court Update: June 20 Decisions - Podcast
Practice Groups Podcast
June 27, 2013
Supreme Court Update: June 17 Decisions - Podcast
Practice Groups Podcast
June 27, 2013
Setting Voter Rules: Arizona v. Inter Tribal Council of Arizona - Podcast
Free Speech & Election Law Practice Group Podcast
April 01, 2013
Missouri v. McNeely - Post-Argument SCOTUScast
SCOTUScast 1-16-13 featuring Erik Jaffe
January 16, 2013
Stolen Valor? United States v. Alvarez - Podcast
Free Speech & Election Law Practice Group Podcast
August 29, 2012
FCC v. Fox - Post-Decision SCOTUScast
SCOTUScast 07-03-12 featuring Erik Jaffe and Patrick Brennan
July 03, 2012
FCC v. Fox - Post-Argument SCOTUScast
SCOTUScast 02-01-12 featuring Erik Jaffe and Patrick Brennan
February 01, 2012
Nevada Commission on Ethics v. Carrigan - Post-Decision SCOTUScast
SCOTUScast 07-05-11 featuring Erik S. Jaffe
July 05, 2011
Nevada Commission on Ethics v. Carrigan - Post-Argument SCOTUScast
SCOTUScast 05-06-11 featuring Erik S. Jaffe
May 06, 2011
Citizens United v. FEC: A Roundtable Discussion
Online Debate
February 03, 2010
Citizens United v. Federal Election Commission – Post-Decision Debate SCOTUScast
SCOTUScast 01-22-10 featuring Edward B. Foley, Erik S. Jaffe, & Bradley A. Smith
January 22, 2010
Arizona v. Gant – Post-Decision SCOTUScast
SCOTUScast 10-7-09 featuring Erik S. Jaffe
October 07, 2009
Election Through Litigation - Event Audio/Video
2008 Election Law Conference
October 10, 2008
Supreme Court Term
Online Debate
June 27, 2008
Reporters' Shield - Event Audio/Video
Free Speech & Election Law Practice Group
April 29, 2008
SCOTUScast 3-20-07 featuring Erik S. Jaffe
Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp. and Lance v. Coffman
March 20, 2007
Limits on the Use of Union Dues: Washington v. Washington Education Association - Event Audio
Labor & Employment Law Practice Group and Free Speech & Election Law Practice Group
January 10, 2007
Voting Fraud - Event Audio
Free Speech & Election Law Practice Group
September 13, 2006
Public Financing of Campaigns - Event Audio
Free Speech & Election Law Practice Group
July 26, 2006
Should the Voting Rights Act Be Extended? - Event Audio
Free Speech & Election Law Practice Group
June 28, 2006
Felon Voting - Event Audio
Free Speech & Election Law Practice Group
May 10, 2006
Greater New Orleans Broadcasting Association, Inc. v. United States
Free Speech & Election Law Practice Group Newsletter - Volume 3, Issue 1, Spring 1999
July 01, 1999