M. Miller Baker
M. Miller Baker is a partner in the law firm of McDermott Will & Emery LLP based in the Firm’s Washington, D.C. office. As a member of the Trial Department, he co-heads the Appellate Practice Group. He also counsels clients on Federal Election Campaign Act compliance, government ethics and legislative issues.
As an appellate lawyer, Miller has represented or advised clients in more than 50 appeals in federal and state courts involving a broad range of matters, including constitutional law, state and federal tax, ERISA, patent, copyright, federal arbitration act, state and federal election law, class actions, administrative law, preemption, federal practice and jurisdiction, antitrust, securities, bankruptcy, and insurance coverage. Miller has twice argued before the United States Supreme Court (winning 9-0 decisions for his clients in both cases) as well as before the United States Courts of Appeals for the Second, Fourth, Fifth, Sixth, Seventh, and Ninth Circuits, and state appellate courts in Maryland and New York. Miller has also appeared in the United States Courts of Appeals for the Third, Tenth, Eleventh, District of Columbia, and Federal Circuits, and state appellate courts in Virginia, Louisiana, and Texas.
Previously, Miller served as counsel to Senator Orrin G. Hatch on the U.S. Senate Judiciary Committee, first on the Subcommittee on Patents, Trademarks, and Copyrights (1991-1992) and later on the full Committee (1993). As counsel to Senator Hatch, Miller took a lead role in the confirmation hearings for Justices Clarence Thomas and Ruth Bader Ginsburg. During the final two years of the Reagan Administration (1986-1988) and immediately following his judicial clerkships, Miller served in the Justice Department, first as an Attorney-Advisor in the Office of Legal Policy and later as Special Assistant to the Assistant Attorney General for Civil Rights. As one of the youngest lawyers in the Reagan Justice Department, Miller evaluated prospective judicial nominees, drafted speeches and testimony explaining the administration’s approach to judicial selection, participated in the department’s review of civil rights policy and appellate filings in civil rights cases, and drafted material that President Reagan used in speeches and presidential signing statements. While in government, Miller also served as an intelligence officer in the U.S. Naval Reserve.
Miller has appeared on CNN’s Inside Politics, Burden of Proof and Talk Back Live, NPR’s Morning Edition and the Diane Rehm Show, Fox News, and numerous other radio and television news shows around the country in connection with constitutional matters. Since 9/11, Miller has testified on three occasions before the House and Senate Judiciary Committees on issues pertaining to continuity of government, particularly presidential succession. Miller’s congressional testimony has been quoted in the Wall Street Journal, the Washington Post, and Fortune magazine. Miller’s congressional testimony is also featured on the website of the Continuity of Government Commission, a joint undertaking of the Brookings Institution and the American Enterprise Institute.
A Louisiana native, Miller attended Louisiana State University in 1980-1981 on an accelerated basis. After being admitted to Tulane Law School on an early-admission basis at age 19 and graduating at age 22, Miller clerked for Judge John M. Duhe, Jr. of the U.S. District Court for the Western District of Louisiana (1984-1985) and later for Judge Thomas Gibbs Gee of the U.S. Court of Appeals for the Fifth Circuit (1985-1986). Miller is admitted to practice in the District of Columbia, the Commonwealth of Virginia and the State of Louisiana, the federal district courts within those jurisdictions, the U.S. Supreme Court, and every circuit of the United States Courts of Appeals.