Advocating
Around the globe, our teams advocated for the rights of Native Americans, voters, the LGBTQ community, people fighting for reproductive rights, and Afghan refugees. No matter the challenge, we take a stand and devote our resources to help diverse stakeholders thrive.
Native American Law Practice Co-Chairs Amb. Keith Harper and Charlie Galbraith, Partner Sam Hirsch, and Associates Krystalyn Kinsel and Lenny Powell discuss the practice’s work.
Partner Keith Harper, a Co-Chair of our Native American Law Practice, began representing tribes in Brackeen v. Haaland in 2018. He led the Jenner & Block team that secured the victory before the US Supreme Court in June 2023. Here, Keith discusses the importance of this case and Jenner’s commitment to advocating for tribal communities.
Associate Allison Tjemsland is proud to be a part of the Native American Law Practice because of the group’s extensive breadth of work, which allows them to better advocate on behalf of their tribal clients.
For Indian Country, This Team Fights for Tribal Sovereignty, Self-Governance, and Economic Development in Indian Country
Jenner & Block’s nationally recognized Native American Law Practice, led by and primarily composed of enrolled members and descendants of federally recognized tribes, is dedicated to empowering tribal governments and preserving, promoting, and protecting their sovereignty.
From tribal courts to the US Supreme Court, our team is consistently at the forefront of the most significant issues facing Indian Country and draws on its deep legal and government experience to provide unparalleled service to Indian tribes, whether navigating the complex government-to-government relationship with the United States, advancing political rights, or ensuring successful economic development.
In June 2023, the team secured a landmark victory in Brackeen v. Haaland, a case concerning the constitutionality of the Indian Child Welfare Act (ICWA). Jenner & Block represented three tribes in the case: Cherokee Nation, Morongo Band of Mission Indians, and Oneida Nation. The 7-2 decision upholds ICWA in its entirety.
“It was an honor to advocate for the tribes in this case,” said Partner Ian Heath Gershengorn, who argued the case before the Court in November 2022. “The Court’s decision is a major victory for Native tribes and children. We are pleased that the justices decided to uphold the Indian Child Welfare Act, reaffirming centuries of legal precedent and other existing areas of tribal law.”
Partner Amb. Keith Harper led the team. In addition to Ian, others who represented the tribes included Associates Lenny Powell, Victoria Hall-Palerm, and Illyana Green.
The case is one of the many landmark wins the practice has secured for Indian Country in recent years. In 2020, the team won McGirt v. Oklahoma, which The New York Times called “potentially one of the most consequential legal victories for Native Americans in decades.”
Jason Hipp: Dedicated to the Fight for Human Rights
A trailblazer whose practice focuses on the intersection of litigation, national security, and human rights, Jason Hipp’s commitment to securing justice for people who have been wronged is inspiring.
“As the firm works to grow and expand its Human Rights and Global Strategy Practice, I continue to frame and create a unique practice area within that focuses on human rights litigation in US federal courts,” said Jason. “With authoritarian regimes increasingly emboldened, businesses, government officials, and dissidents need to remain increasingly vigilant about the risks posed by malign actors and aware of the steps that can be taken to pursue accountability.”
Jason’s pro bono work has included successfully securing asylum for two young boys from Honduras who were victims of domestic abuse, representing a lesbian couple who is seeking asylum after violent persecution in Russia, and partnering with the American Civil Liberties Union (ACLU) to advocate for Chelsea Manning in a lawsuit against the US Department of Defense and the Department of the Army for their failure to provide necessary medical treatment for her gender dysphoria.
“Jason has dedicated himself to federal litigation implicating human rights and national security,” said Lindsay Harrison, Managing Partner of Jenner & Block’s Washington, DC, office. “I’ve experienced firsthand the connection Jason builds with his clients. He has a unique ability to make sure they feel heard and safe, even in the most challenging of circumstances.”
Outside of his practice and pro bono work, Jason serves as a mentor to fellow members of the firm’s LGBTQ Forum. From 2019 to 2022, Jason served on the New York City Bar Association’s Civil Rights Committee, helping the committee address civil rights and civil liberty issues for communities in New York City.
“Being a member of the legal profession comes with great responsibility, and I’m grateful that Jenner & Block has long committed to supporting the values and public service goals that drive the firm’s lawyers.”
Illyana Green: Serving Others, Finding Solutions
Operating at the intersection of appellate litigation and government controversies, Associate Illyana Green finds solutions to solve the most critical challenges facing her clients, both billable and pro bono. She routinely assists clients involved in appellate and trial litigation and authors briefs in the US Supreme Court, federal courts of appeals, and federal district courts.
Since entering private practice in 2020, Illyana has contributed to landmark Native American and voting rights cases and advocated for the rights of women and the LGBTQ+ community.
“My work is a reflection of my values, my beliefs, and who I am,” said Illyana. “To me, being a good lawyer means being of service to others.”
In 2022, Illyana won the Albert E. Jenner Pro Bono Award for securing asylum for a Kosovan man after arguing his case at the Seventh Circuit. “Illyana’s creative and forceful advocacy persuaded the Seventh Circuit to reverse the Board of Immigration Appeals so that our client could reapply for a green card – a literally life-altering result for our client,” Partner Matt Price said when discussing the Seventh Circuit case.
She was also honored for representing the American Medical Association and other medical associations as amici in transgender rights cases across the United States.
As immigrants, women, and members of the LGBTQ+ community continue to face challenges, Illyana maintains her steadfast commitment to supporting them.
“I love doing immigration work,” said Illyana. “I enjoy helping others on their path to citizenship. When it comes to my work advocating for women and the LGBTQ+ community, I wish it wasn’t necessary, but I am proud to use my experience to aid those fights.”
Illyana is currently counseling clients dealing with industry-specific regulatory issues post-Dobbs.
Fighting for Constitutional Rights to Guarantee Access to Essential Abortion Services
From challenging state laws and launching a Post-Dobbs Task Force that helps clients, organizations, and individuals navigate the new legal landscape, to filing briefs that support abortion rights, lawyers at Jenner & Block proudly advocate for access to essential abortion services.
Seventy-two hours after the US Supreme Court decided Dobbs v. Jackson Women's Health Organization, holding that the Constitution does not confer the right to an abortion, Partner Joanna Wright and the Center for Reproductive Rights obtained injunctive relief against multiple abortion bans in Louisiana. This was the first legal win in the country. Joanna argued the appeal of the preliminary injunction and is awaiting decision, after which the team will proceed to trial.
Partnering with abortion care providers and civil liberties groups, in June 2022, Partners April Otterberg and Shoba Pillay filed a lawsuit in Florida state court, challenging a new state law that bans abortion after 15 weeks of pregnancy and threatens to put doctors in jail for providing essential care beyond that point. After a full evidentiary hearing, the team obtained an injunction against enforcement of the law, but an intermediate appellate court reversed that relief. On January 23, 2023, the Florida Supreme Court accepted a request by Jenner’s clients to hear arguments in their case. The appeal is now fully briefed, and the team awaits an order scheduling oral argument. The Jenner team assisting with the Florida Supreme Court appeal also includes Partner Annie Kastanek; Associates Kate Abendroth, Elizabeth Baldridge, Savannah Berger, Anna Mitran Brennan, Sara Crook, Meg Hlousek, Jen Holthaus, Idun Klakegg, Laura Koeller, Emily Merrifield, Annie Schoenfeldt, Jocelyn Sitton, Tal Ratner Solovey, Sara Stappert, Reanne Zheng, and former associate Sasha Peters; and Paralegal Fallon McDowell.
Partners Lindsay Harrison and Jessie Amunson led a team that filed an amicus brief in the US Court of Appeals for the Fifth Circuit on behalf of more than 100 reproductive health, rights, and justice organizations supporting the Food and Drug Administration’s (FDA) appeal of a Texas court’s decision that stayed the FDA’s approval of mifepristone. Associates Victoria Hall-Palerm and Jessica Sawadogo, Law Clerk Danny Li, and Senior Paralegal Cheryl Olson also worked on this case.
Associate Isabel Farhi, a member of the firm's Post-Dobbs Task Force, shared her thoughts about what it means to work on abortion-rights issues.
Victories at the US Supreme Court Highlight Decades-Long Commitment to Championing Fair Maps and Voting Rights
Partner Jessie Amunson joined client Dan Crawford, Director of Governmental Relations at the North Carolina League of Conservation Voters, on the steps of the US Supreme Court following Moore v. Harper arguments.
Jenner & Block’s Election Law and Redistricting Practice has been fighting against partisan gerrymandering for decades. On June 27, 2023, we secured a significant victory before the US Supreme Court. The Court delivered a “complete victory” to our clients and affirmed the 2022 decision of the North Carolina Supreme Court in Moore v. Harper, a consolidation of three cases stemming from North Carolina’s redistricting process.
The landmark decision rejects the controversial “independent state legislature theory” that would have given state legislatures unprecedented power in drawing gerrymandered congressional districts and would have stripped state courts of the oversight role granted to them in state constitutions.
Partners Jessie Amunson and Sam Hirsch and former Partner Zach Schauf led the Jenner team representing the North Carolina League of Conservation Voters (NCLCV) and 15 North Carolina citizens in the case. They were assisted in the Supreme Court case by Partner David Bradford; Associates Lenny Powell, Illyana Green, Sophia Cai, and Benjamin Hand; and former Associates Karthik Reddy, Urja Mittal, and Carter Smith.
Sam and Jessie also played a vital role in Allen v. Milligan, which challenged Alabama’s congressional map. Gerrymandering in the state resulted in a congressional map with only one district (out of seven) where Black voters had a chance of electing their preferred candidate, even though Black residents comprise 27% of the state’s total population.
When the case went to the US Supreme Court, Sam, along with Jessie and Associate Mary Marshall, authored an amicus brief on behalf of three computational redistricting experts. In June 2023, the Court held, 5 to 4, that the map likely violated Section 2 of the Voting Rights Act. In the majority opinion, the Chief Justice relied heavily on Jenner’s amicus brief, quoting it repeatedly to bat away Alabama’s arguments. In his concurring opinion, Justice Kavanaugh also harked back to the brief when discussing the proper role for algorithmic redistricting. The brief received so much attention that Justice Alito, in his dissent, complained that in rejecting Alabama’s position, “the Court relies entirely on an amicus brief submitted by three computational redistricting experts in support of the appellees.…”
In his statement regarding the victory, Evan Milligan, a Black voter and the lead plaintiff in the case, said, “We are grateful that the Supreme Court upheld what we knew to be true: that everyone deserves to have their vote matter and their voice heard. Today is a win for democracy and freedom not just in Alabama but across the United States.”
Special Counsel Lucy Blake and Partner Paul Feldberg discuss the London office’s life-changing work to help Afghan refugees.
London Team Secures Resettlement of Afghan Female Judge in the United Kingdom
After the Taliban claimed control of Afghanistan in 2021, a woman judge who had sentenced members and supporters of the hardline group during her prestigious career found herself in grave danger and fled with her son to Pakistan.
A team in Jenner & Block’s London office —together with Kingsley Napley, a London-based immigration firm— quickly galvanized forces and successfully helped the judge (known as “Yosra” for security reasons) and her son obtain the protection of the United Kingdom and be reunited with family members there.
The team filed an application for Yosra to resettle in the United Kingdom. The work included putting together a compelling case by interviewing her family members and articulating the immediate threat to Yosra’s life. The team also pooled resources to maximise its impact, sharing experiences, knowledge, and contacts to generate support for Yosra’s case. For example, Legal Secretary Lee-Ann Drotsky saw a firm email about the case and proactively reached out to her contacts in the human rights space. Her outreach resulted in the team securing a letter of support from Baroness Helena Kennedy KC, director of the International Bar Association’s Human Rights Institute.
The team supporting Yosra was led by Special Counsel Lucy Blake and included Special Counsel Michaela Croft, Associates Karam Jardaneh, Johnny Robb and Sol Gelsomino, Paralegals Nadia Adou and Neha Patel, and Legal Secretary Lee-Ann Drotsky.
Regarding Yosra’s arrival in the United Kingdom in June, Karam expressed the team’s relief at seeing their client reunited with her UK family.
Lucy added: “It was also our pleasure to work in partnership with the phenomenal immigration and international protection team at Kingsley Napley and the exceptional Helen Foot of Garden Court Chambers. As the humanitarian crisis in Afghanistan continues, there is so much work to be done by governments around the world in creating legal routes to safety for the many others who remain at risk.”
Courts Cite Our Briefs Supporting the LGBTQ Community
For the LGBTQ community, our lawyers are catalysts who strive to ensure that the legal system addresses their calls for justice and equity.
In June 2022, we helped secure a victory for transgender rights when a federal judge ruled that North Carolina’s health plan for state workers must cover medically necessary treatments for gender dysphoria. The firm represented the American Medical Association and seven health care organizations as amici in the case. The court, which found that excluding treatments for gender dysphoria was unlawful discrimination based on sex and transgender status, cited Jenner & Block’s amicus brief in the ruling.
The pro bono team included Partners Howard Suskin, Matt Cipolla, and Jessie Amunson; Special Counsel Matt Feldhaus; Associates Illyana Green and Lawrence McMahon; and Paralegal Mary Patston.
In September, a team filed a brief for the American Psychological Association in support of a Washington law that prohibits state-licensed medical professionals from practicing conversion therapy on LGBTQ patients who are under 18 years old. The US Court of Appeals for the Ninth Circuit ruled that the Washington law is valid, citing and quoting our amicus brief in its opinion.
The brief was developed by Partner Jessie Amunson and former Partner Tassity Johnson; Associate Jessica Sawadogo; Senior Paralegal/Paralegal Coordinator Cheryl Olson, and Manager of Docketing Services Tyler Edwards.
In October, another team filed an amicus brief in the New York Appellate Division, First Judicial Department that supported Yeshiva University’s Pride Alliance and students seeking to have YU recognize and treat its LGBTQ+ affinity groups as it does other student groups.
The brief highlights psychologists’ research that shows how student groups are important for providing social support for LGBTQ+ students and how non-affirming religious institutions “can adopt strategies that keep LGBTQ+ students safe, including creating and expanding campus resources and permitting LGBTQ+ students to organize, while allowing the institutions to fully maintain their religious beliefs and traditions.”
Partners Michelle Kallen, Jeremy Creelan and Rémi Jaffré and Associate Owen Keiter authored the brief.