After more than a year as a lecturer and visiting clinical professor at Stanford Law School, Brian Fletcher joined the faculty in September as an associate professor and co-director of the Supreme Court Litigation Clinic. Fletcher is an experienced appellate litigator, who has argued 11 cases before the U.S. Supreme Court, briefed more than two-dozen cases on the merits, and filed more than 100 certiorari briefs.
“With his extensive SCOTUS experience and deep knowledge of appellate litigation, Brian will continue to be a critical resource for our students and faculty,” says Jenny Martinez, Richard E. Lang Professor of Law and Dean. “We are very pleased that he has decided to stay on at Stanford Law School.”
Fletcher joins co-directors Pam Karlan and Jeffrey Fisher in the Supreme Court Litigation Clinic’s work. Since its founding in 2004, the clinic—the first of its kind at any law school—has compiled a record at both the certiorari and merits stages that would be the envy of any appellate practice.
“Baseball scouts talk about five tool players, and Brian is the paradigmatic five-tool Supreme Court lawyer: He writes powerfully and quickly, has great judgment, gives the students exactly the right combination of guidance and ownership, and is wonderfully supportive of his colleagues and staff as well,” says Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law.
Prior to coming to Stanford, Fletcher served for five years as an assistant to the solicitor general in the U.S. Department of Justice. In that capacity, he represented the government at the Supreme Court and advised the solicitor general and other senior department officials on litigation in the lower federal courts. His cases spanned the full range of issues that come before the Supreme Court, with a particular focus on the Affordable Care Act, antitrust law, criminal law and procedure, federal antidiscrimination statutes, and labor and employment law. In 2018, Fletcher received the Attorney General’s Award for Distinguished Service in recognition of his contributions to the Office of the Solicitor General.
Before joining the solicitor general’s office, Fletcher was a member of the appellate and Supreme Court litigation practice at Wilmer Cutler Pickering Hale and Dorr LLP. In addition, from 2011 to 2013, he served as an associate counsel to the president in the Office of the White House Counsel, where he advised senior officials on legal issues related to the implementation of the Affordable Care Act and other federal health care programs.
“Brian’s federal government experience adds another important dimension to our clinic. So much of our litigation either involves the United States being the opposing party or requires that we pitch our position to the Office of the Solicitor General when the Court calls for the views of the solicitor general (or when we’re seeking amicus support). Brian’s insights there are super valuable,” says Karlan.
Fletcher began his legal career by clerking for U.S. Supreme Court Justice Ruth Bader Ginsburg and Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. Fletcher graduated summa cum laude from Harvard Law School, where he served as the president of the Harvard Law Review, was awarded the Fay Diploma, and was a two-time recipient of the Sears Prize. He graduated magna cum laude from Yale College with a degree in ethics, politics, and economics.
“I’m thrilled to be joining Stanford Law School and its outstanding clinical program in the Mills Legal Clinic,” says Fletcher. “I look forward to continuing to work with and learn from this extraordinary community of teachers, scholars, and students.” SL