Jeremy J. Broggi

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.