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AmLaw’s Litigators of the Week: A Successful Challenge to Border Wall FundingOctober 18, 2019
O’Melveny partner Anton Metlitsky was selected by The American Lawyer as “Litigator of the Week” along with two lawyers from Wilkie Farr and Epstein Becker for their work in successfully challenging a bid by the Trump Administration to secure Texas border wall funding by declaring a national emergency.
“The core O’Melveny team was me and Ephraim McDowell, an appellate associate in our Washington, DC office who joined us last year from clerkships with Justice Elena Kagan and Chief Judge Merrick Garland (for whom I also clerked many years back),” Metlitsky said. “It was particularly gratifying when the team entrusted Ephraim—who had not argued in court before but was obviously fluent with the materials and issues in the case—with the responsibility to argue the merits of our summary judgment motion before Judge Briones, with Stuart Gerson arguing the standing issues…There were a lot of legal arguments in the case, but our overarching theme was that under the Constitution, Congress alone holds the power of the purse, and that the executive branch cannot usurp that authority by declaring a national emergency when it disagrees with the way Congress has decided to appropriate funds.”
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