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Thomas R. McCarthy | |
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| Education | |
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| Employer | Consovoy McCarthy PLLC |
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| Website | consovoymccarthy |
Thomas R. McCarthy is an American lawyer and co-founder of Consovoy McCarthy PLLC, an Arlington, Virginia-based litigation boutique.[1] His practice includes constitutional litigation, federal statutory litigation, administrative law, civil rights disputes, and appellate advocacy.[2][3] He argued before the Supreme Court of the United States in Birchfield v. North Dakota.[4] Since 2011, he has been co-director of the Supreme Court Clinic at Antonin Scalia Law School at George Mason University, where he is an adjunct professor.[3]
Education and early career
[edit]McCarthy earned a B.S. from the University of Notre Dame, where he was a Notre Dame Scholar, and a J.D. magna cum laude from George Mason University School of Law.[2][3] He clerked for Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and Judge Frank W. Bullock Jr. of the United States District Court for the Middle District of North Carolina.[2][5]
Legal career
[edit]McCarthy practiced at Wiley Rein, where he worked on Supreme Court litigation. In 2013, Wiley Rein identified him as one of the attorneys who assisted founding partner Bert W. Rein in Shelby County v. Holder and Fisher v. University of Texas.[6]
In 2014, McCarthy and William Consovoy left Wiley Rein to start Consovoy McCarthy.[1] Reuters reported that Students for Fair Admissions was one of the firm's first clients, and later described Consovoy McCarthy as a central player in the contemporary conservative legal movement after the firm’s Supreme Court victories in affirmative-action litigation and its role in litigation over student-debt relief.[1]
Supreme Court and appellate litigation
[edit]Birchfield v. North Dakota
[edit]In 2016, McCarthy argued before the Supreme Court in Birchfield v. North Dakota, a consolidated Fourth Amendment case concerning state laws that criminalized refusal to submit to alcohol testing after drunk-driving arrests.[4] The Supreme Court docket recorded that McCarthy argued for respondents in Nos. 14-1468 and 14-1507.[7]
Students for Fair Admissions litigation
[edit]Consovoy McCarthy represented Students for Fair Admissions in its successful Supreme Court challenges to race-conscious admissions policies at Harvard University and the University of North Carolina at Chapel Hill.[1] Reuters reported that McCarthy, speaking after the Court’s 2023 decision, described the result as "bittersweet" because Consovoy, the firm’s other founder and a leading lawyer in the litigation, had died earlier that year.[1] The Supreme Court reversed the judgment in the Harvard case on June 29, 2023.[8]
Other litigation
[edit]McCarthy has also represented clients in litigation involving election-related disputes, technology companies, administrative law, and challenges to diversity, equity, and inclusion programs. Reuters listed McCarthy as counsel for the Republican National Committee in Republican National Committee v. Google, a suit alleging that Google improperly routed Republican fundraising emails to spam folders.[9][10]
In 2022, Reuters identified McCarthy, Cameron Norris, and Frank Chang of Consovoy McCarthy as counsel associated with litigation brought by Do No Harm challenging fellowship programs at Pfizer and Project HOPE.[11] In 2023, Reuters listed McCarthy and Cameron Norris as counsel for the American Alliance for Equal Rights in litigation challenging Winston & Strawn's diversity fellowship program; the case was dismissed after the firm changed its application criteria.[12] In 2025, Reuters identified McCarthy and Cameron Norris as counsel for Tennessee in a lawsuit challenging federal grants for Hispanic-serving colleges.[13]
Teaching and clinical work
[edit]McCarthy is an adjunct professor at Antonin Scalia Law School.[3] Since 2011, he has co-directed the law school’s Supreme Court Clinic, which provides pro bono representation before the Supreme Court.[3][14] His firm biography also states that he co-directs the Administrative Law Clinic at Antonin Scalia Law School.[2]
Selected cases
[edit]- Shelby County v. Holder — assisted counsel for the prevailing party while at Wiley Rein.[6]
- Fisher v. University of Texas (2013) — assisted counsel for the prevailing party while at Wiley Rein.[6]
- Birchfield v. North Dakota — argued before the Supreme Court for respondents in Nos. 14-1468 and 14-1507.[7]
- Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina — Consovoy McCarthy represented Students for Fair Admissions.[1]
- Republican National Committee v. Google — represented the Republican National Committee.[10]
References
[edit]- 1 2 3 4 5 6 Goudsward, Andrew (July 3, 2023). "Conservative law firm racks up wins as US Supreme Court shifts right". Reuters. Retrieved April 30, 2026.
- 1 2 3 4 "Thomas R. McCarthy". Consovoy McCarthy PLLC. April 22, 2024. Retrieved April 30, 2026.
- 1 2 3 4 5 "Thomas McCarthy". Antonin Scalia Law School, George Mason University. Retrieved April 30, 2026.
- 1 2 "Birchfield v. North Dakota". SCOTUSblog. Retrieved April 30, 2026.
- ↑ "Thomas R. McCarthy". The Federalist Society. September 8, 2017. Retrieved April 30, 2026.
- 1 2 3 "Supreme Court Issues Historic Rulings in Two Cases Argued by Wiley Rein". Wiley Rein. June 28, 2013. Retrieved April 30, 2026.
- 1 2 "Docket for 14-1507". Supreme Court of the United States. Retrieved April 30, 2026.
- ↑ "Docket for 20-1199". Supreme Court of the United States. Retrieved April 30, 2026.
- ↑ Scarcella, Mike (January 24, 2023). "Google fires back at Republican National Committee lawsuit over spam email". Reuters. Retrieved April 30, 2026.
- 1 2 Scarcella, Mike (April 29, 2025). "Google beefs up legal team to fight RNC bias lawsuit". Reuters. Retrieved April 30, 2026.
- ↑ Frankel, Alison (October 26, 2022). "Pfizer defends fellowships challenged by law firm working to end affirmative action". Reuters. Retrieved April 30, 2026.
- ↑ Raymond, Nate (December 6, 2023). "Affirmative action opponent drops case over Winston & Strawn's diversity fellowship". Reuters. Retrieved April 30, 2026.
- ↑ Raymond, Nate (June 11, 2025). "Tennessee sues US Education Department over grants for Hispanic-serving colleges". Reuters. Retrieved April 30, 2026.
- ↑ "Clinics, Externships, and Legal Practicum". Antonin Scalia Law School, George Mason University. Retrieved April 30, 2026.
External links
[edit]- Profile at Consovoy McCarthy PLLC
- Faculty profile at Antonin Scalia Law School
- Advocate profile at Oyez
Category:Living people Category:American lawyers Category:American appellate lawyers Category:University of Notre Dame alumni Category:Antonin Scalia Law School alumni Category:George Mason University faculty Category:Virginia lawyers Category:Year of birth missing (living people)
