First up we have a team at Jenner & Block led by Keith Harper, Ian Gershengorn and Lenny Powell that represented Cherokee Nation, Morongo Band of Mission Indians, and Oneida Nation in a landmark case at the U.S. Supreme Court dealing with the constitutionality of the Indian Child Welfare Act. In a 7-2 decision that has implications for a wide swath of federal Indian law and policy, the court last week affirmed Congress’s power to make laws about Native American tribes and child welfare. “Congress’s power to legislate with respect to Indians is well established and broad,” wrote Justice Amy Coney Barrett for the majority. Harper and Powell are members of the Cherokee Nation and the Hopland Band of Pomo Indians, respectively. Powell decided to forego the typical two-month break following his federal clerkships to return to the firm to represent the tribes in the matter. Gershengorn’s argument in the case was the former Acting U.S. Solicitor General’s 17th before the court. The Jenner & Block team also included Victoria Hall-Palerm, Illyana Green, Matt Hellman and former partner Zach Schauf.
Runners-up honors also go to lawyers at Kirkland & Ellis and Barnes & Thornburg who helped the Chicago Cubs fend off claims that the baseball club violated the Americans with Disabilities Act. The team was accused of failing to have the minimum number of accessible seats at Wrigley Field and failing to disperse those seats horizontally around the stadium as part of a renovation project. After a bench trial in April, which involved U.S. District Judge Jorge Alonso visiting the park and viewing the accessible seats from the pitcher’s mound, the judge this week found the plaintiff failed prove the club violated the ADA, concluding “it is hard to imagine a greater spread of accessible seats around the field of play.” The trial team was led by Kirkland’s Donna Welch and included partner Jessica Giulitto and associate Dan Murdock, with Teresa Jakubowski and John Kuenstler of Barnes & Thornburg providing ADA counsel.
