Jeremy J. Broggi

Jeremy litigates constitutional, statutory, and regulatory issues before federal and state courts and administrative agencies. He has developed successful legal arguments that have been adopted in decisions at all levels of the federal judicial system, including the U.S. Supreme Court. His amicus work has also been cited favorably in appellate court decisions and in media coverage of cases.

In addition to private practice, Jeremy has worked in all three branches of the federal government. He is adept at leveraging his government experience to achieve favorable outcomes in matters involving federal administrative agencies, including rulemakings, enforcement matters, and challenges to agency action.

Representative Matters

• Successfully argued a first of its kind administrative appeal involving arbitrary and capricious review of agency licensing decisions with national security implications.
• Represented a campaign committee in obtaining a preliminary injunction against enforcement of a state campaign finance regulation that violated the First Amendment. See Perdue v. Kemp, 584 F. Supp. 3d 1310 (N.D. Ga. 2022).
• Obtained dismissal of first ever citizen-suit brought pursuant to the Federal Election Campaign Act, successfully briefing argument that an intervening D.C. Circuit decision prohibited the district court from reviewing the action. See CREW v. Am. Action Network, 590 F. Supp. 3d 164 (D.D.C. 2022).
• Obtained a ruling from the D.C. Circuit holding, as a matter of first impression, that interstate compact entities are not federal agencies under the Administrative Procedure Act. See Schindler Elevator Corp. v. WMATA, 16 F.4th 294 (D.C. Cir. 2021).
• Successfully represented employer in obtaining from the Supreme Court a reinstatement of a stay of the Occupational Safety and Health Administration’s private employer vaccinate mandate, effectively prevailing on the merits. See RNC v. OSHA, No. 21A258 (S.Ct. Jan. 24, 2022).
• Contributed to successful petition for certiorari and merits briefing in FCC v. Prometheus Radio Project, 141 S. Ct. 1150 (2021), including through contributions to a statutory argument drawing a separate concurring opinion.
• Authored an amicus brief on behalf of a national political party that was cited favorably in the Supreme Court’s majority opinion in Chiafalo v. Washington, 140 S. Ct. 2316 (2020), affirming the constitutionality of state laws penalizing a presidential elector for faithlessly voting on the Electoral College ballot. The brief was also quoted favorably in The Wall Street Journal’s editorial previewing oral argument.
• Authored an amicus brief referenced at oral argument in United States Patent & Trademark Office v. Booking.com B.V., 140 S. Ct. 2298 (2020).
• Successfully represented numerous business associations and non-profits seeking to vindicate important constitutional interests, including First Amendment rights and structural constitutional principles, through party and amicus briefs filed before federal appellate courts and the Supreme Court. See, e.g., Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021); Beverage Ass’n v. City & Cnty. of San Francisco, 916 F.3d 749 (9th Cir. 2019).
• Regularly represents clients in federal regulatory proceedings, including rulemakings, licensing, enforcement, and other actions before the Federal Communications Commission, the Federal Election Commission, the Federal Trade Commission, the U.S. Department of Commerce, the U.S. Environmental Protection Agency, the U.S. Department of Transportation, and the U.S. Department of Justice.
• Counsels on compliance with federal regulatory obligations.

Professional Experience

• Law Clerk, U.S. Department of Defense (Fort Meade), Office of the General Counsel (2012)
• Federal Strategist, ADG Creative (2009-2011)
• The White House:
  • Associate Director, Office of Intergovernmental Affairs (2008-2009)
  • Special Assistant, Domestic Policy, Office of the Vice President (2006-2008)
  • Intern, Office of Public Liaison (2004)
• Confidential Assistant to the Deputy Secretary, U.S. Department of Health and Human Services (2005-2006)
• Assistant Site Manager for Media Logistics and Planning, 55th Presidential Inaugural Committee (2004-2005)
• Deputy Events Director, Republican National Committee, Victory 2004 (2004)

Affiliations

• The Federalist Society

Recognitions

• Recognized as a Rising Star in DC's “Super Lawyers” for Appellate (2023)
• Recognized by The Legal 500 US in Appellate: Courts of Appeal (2021-2022)
• Included in The Best Lawyers in America directory of "Ones to Watch" for Commercial Litigation (2022-2023)
• Received 2016 Burton Award for Distinguished Legal Writing for “The FCC’s Expanding Use of Delegated Authority and the Dilemma of Appellate Jurisdiction”