Jonathan Mitchell is principal at Mitchell Law PLLC. He received his law degree with high honors from the University of Chicago Law School, where he was an articles editor of The University of Chicago Law Review and a member of the Order of the Coif.
After graduating from law school, Mr. Mitchell clerked for Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit and for Justice Antonin Scalia of the Supreme Court of the United States. He then served as an Attorney-Adviser in the Office of Legal Counsel of the United States Department of Justice from 2003 through 2006. After leaving the Department of Justice, Mr. Mitchell was a Visiting Assistant Professor at the University of Chicago Law School from 2006 through 2008, and an Assistant Professor of Law at George Mason University from 2008 through 2010.
In 2010, Mr. Mitchell was appointed Solicitor General of Texas, a position he held until January 2015. After leaving the Texas Solicitor General’s office, Mr. Mitchell served as the Searle Visiting Professor of Law at the University of Texas School of Law, a Visiting Professor of Law at Stanford Law School, and a Visiting Fellow at the Hoover Institution.
Mr. Mitchell has published numerous works of scholarship in top-10 law journals, and he has written articles on textualism, national-security law, criminal law and procedure, judicial review and judicial federalism, and the legality of stare decisis in constitutional adjudication. His publications include The Writ-of-Erasure Fallacy, 104 Va. L. Rev. 933 (2018), Textualism and the Fourteenth Amendment, 69 Stan. L. Rev. 1237 (2017), and Stare Decisis and Constitutional Text, 110 Mich. L. Rev. 1 (2011). Mr. Mitchell’s academic writing has been cited by Supreme Court Justices Samuel Alito and Clarence Thomas, and by more than a dozen federal courts.
Mr. Mitchell has argued four times before the Supreme Court of the United States, and more than 20 times in the federal courts of appeals. His most recent argument before the high court was in Campbell-Ewald Co. v. Gomez, No. 14-857, where he successfully argued that a class-action plaintiff may refuse a defendant’s offer of settlement, even when the settlement offer purports to provide complete relief for the plaintiff’s individual claims. Mr. Mitchell has also argued before Supreme Court of Texas and in numerous trial courts. He has authored more than 300 briefs, and his brief for the respondents in Gonzalez v. Thaler, 565 U.S. 134 (2012), and his brief for the petitioners in Utility Air Regulatory Group v. EPA, 573 U.S. 302 (2014), each received a Best Brief Award from the National Association of Attorneys General.