Neal Katyal
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Neal Kumar Katyal (born March 12, 1970) is an American lawyer and legal scholar. He is a partner at Milbank LLP and is the Paul and Patricia Saunders Professor of National Security Law at
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
. During the
Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. Obama, a Democrat from Illinois, took office following his victory over Republican nomine ...
, Katyal served as Acting
Solicitor General of the United States The solicitor general of the United States (USSG or SG), is the fourth-highest-ranking official within the United States Department of Justice (DOJ), and represents the federal government in cases before the Supreme Court of the United States. ...
from May 2010 until June 2011. Previously he served as a lawyer in the Solicitor General's office and as Principal Deputy Solicitor General in the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
.


Early life and education

Neal Katyal was born on March 12, 1970, in
Chicago, Illinois Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of Unite ...
, to immigrant parents originally from
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
. His mother, Pratibha, is a pediatrician and his father, Surendar, who died in 2005, was an
engineer Engineers, as practitioners of engineering, are professionals who Invention, invent, design, build, maintain and test machines, complex systems, structures, gadgets and materials. They aim to fulfill functional objectives and requirements while ...
. Katyal's sister, Sonia, is also an attorney and teaches law at University of California, Berkeley School of Law. Neal Katyal studied at Loyola Academy, a
Jesuit The Society of Jesus (; abbreviation: S.J. or SJ), also known as the Jesuit Order or the Jesuits ( ; ), is a religious order (Catholic), religious order of clerics regular of pontifical right for men in the Catholic Church headquartered in Rom ...
Catholic high school in
Wilmette, Illinois Wilmette is a village in Cook County, Illinois, United States. Bordering Lake Michigan, Kenilworth, Winnetka, Skokie, Northfield, Glenview, and Evanston, Illinois, it is located north of Chicago's downtown district. Wilmette had a populatio ...
. In 1991 he graduated from
Dartmouth College Dartmouth College ( ) is a Private university, private Ivy League research university in Hanover, New Hampshire, United States. Established in 1769 by Eleazar Wheelock, Dartmouth is one of the nine colonial colleges chartered before the America ...
, where he was a member of
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
, Sigma Nu fraternity, and the Dartmouth Forensic Union. Katyal then attended
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
. He was an editor of the ''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
'' and studied under Akhil Amar and Bruce Ackerman, with whom in 1995 and 1996 he published articles in law-review and political-opinion journals. After receiving his J.D. (
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
) degree in 1995, Katyal clerked for Judge
Guido Calabresi Guido Calabresi (born October 18, 1932) is an Italian-born American jurist who serves as a senior circuit judge of the United States Court of Appeals for the Second Circuit. He is a former Dean of Yale Law School, where he has been a professor s ...
of the U.S. Court of Appeals for the Second Circuit, then for Justice
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
.


Career

President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
commissioned Katyal to write a report on the need for more legal ''
pro bono ( English: 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. The term traditionally referred to provision of legal services by legal professionals for people who a ...
'' work. In 1999 he drafted special counsel regulations, which guided the Mueller investigation of the Russian government's efforts to interfere in the 2016 presidential election. He also represented Vice President
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American former politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. He previously served as ...
as co-counsel in ''
Bush v. Gore ''Bush v. Gore'', 531 U.S. 98 (2000), was a landmark decision of the Supreme Court of the United States, United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W ...
'', and represented the deans of most major private law schools in '' Grutter v. Bollinger.'' While serving at the Justice Department, Katyal argued numerous cases before the Supreme Court, including his successful defense (by an 8–1 decision) of the constitutionality of the
Voting Rights Act of 1965 The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights move ...
in ''Northwest Austin v. Holder''. Katyal also successfully argued in favor of the constitutionality of the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act (PPACA) and informally as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presid ...
, and won a unanimous decision from the Supreme Court defending former Attorney General
John Ashcroft John David Ashcroft (born May 9, 1942) is an American lawyer, Lobbying, lobbyist, and former politician who served as the 79th United States attorney general under President George W. Bush from 2001 to 2005. A Republican Party (United States), R ...
against alleged abuses of civil liberties in the war on terror in '' Ashcroft v. al-Kidd''. Katyal is also the only head of the Solicitor General's office to argue in the Court of Appeals for the Federal Circuit. As Acting Solicitor General, Katyal succeeded
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...
, whom President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
chose to replace the retiring Supreme Court Associate Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
. On May 24, 2011, speaking as Acting
Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
, Katyal delivered the keynote speech at the Department of Justice's Great Hall marking Asian American and Pacific Islander Heritage Month. Developing comments he had posted officially on May 20, Katyal issued the Justice Department's first public confession of its 1942 ethics lapse in arguing the ''Hirabayashi'' and ''Korematsu'' cases in the US Supreme Court, which had resulted in upholding the internment of American citizens of Japanese descent. He called those prosecutionswhich were only vacated in the 1980s"blots" on the reputation of his office, which the Supreme Court explicitly considers as deserving of "special credence" when arguing cases, and "an important reminder" of the need for absolute candor in arguing the United States government's position on every case.. Katyal also lectured at Fordham Law School concerning that decision. Katyal was critical of the
Guantanamo Bay detention camp The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
. While teaching at
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
for two decades, he was lead counsel for the Guantanamo Bay detainees in the Supreme Court case '' Hamdan v. Rumsfeld'' (2006), which held that
Guantanamo military commission The Guantanamo military commissions were established by President George W. Bush through a military order on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of eight ...
s set up by the George W. Bush administration to try detainees "violate both the UCMJ and the four
Geneva Conventions upright=1.15, The original document in single pages, 1864 The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
."Neal Katyal
''The Supreme Court, 2005 Term – Comment:'' Hamdan v. Rumsfeld: ''The Legal Academy Goes to Practice''
120 Harv. L. Rev. 65 (2006).
Upon leaving the Obama administration, Katyal returned to Georgetown University Law Center, but also became a partner at the global law firm Hogan Lovells. He specializes in
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
,
national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
,
criminal defense In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ...
, and
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
law, as well as running the appellate practice once run by
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ...
. During law school Katyal clerked one summer at Hogan Lovells, where he worked for Roberts before Roberts became a judge. In 2015, Katyal had a cameo in the third season of the American television series ''House of Cards'', portraying a lawyer arguing a case in the Supreme Court . In 2017, ''
The American Lawyer ''The American Lawyer'' is a monthly legal magazine and website published by ALM Media. The periodical and its parent company, ALM (then American Lawyer Media), were founded in 1979 by Steven Brill.anti-union positions in two Supreme Court cases, ''
Janus v. AFSCME ''Janus v. American Federation of State, County, and Municipal Employees, Council 31'', 585 U.S. 878 (2018), abbreviated ''Janus v. AFSCME'', is a landmark decision of the US Supreme Court on US labor law, concerning the power of labor unions ...
''. and '' Epic Systems Corp. v. Lewis''. Katyal's employer, Hogan Lovells, characterized Katyal's successes in these cases as a "major win for employers." In 2020, Katyal represented
Nestlé Nestlé S.A. ( ) is a Swiss multinational food and drink processing conglomerate corporation headquartered in Vevey, Switzerland. It has been the largest publicly held food company in the world, measured by revenue and other metrics, since 20 ...
and
Cargill Cargill, Incorporated is an American multinational food corporation based in Minnetonka, Minnesota, Minnetonka, Minnesota, and incorporated in Wilmington, Delaware. Founded in 1865 by William Wallace Cargill, it is the largest privately held c ...
at the Supreme Court in '' Nestlé USA, Inc. v. Doe'', a
class-action A class action A class action is a form of lawsuit. Class Action may also refer to: * ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio * Class Action (band), a garage house band * "Class Action" (''Teenage R ...
suit brought by former enslaved children who were kidnapped and forced to work on cocoa farms in the
Ivory Coast Ivory Coast, also known as Côte d'Ivoire and officially the Republic of Côte d'Ivoire, is a country on the southern coast of West Africa. Its capital city of Yamoussoukro is located in the centre of the country, while its largest List of ci ...
. Katyal's argument was that Nestlé and Cargill should not be held liable under United States law for their use of child slave labor because international law does not apply to corporations. Katyal cited as an example that the company which supplied Zyklon B to the
Nazis Nazism (), formally named National Socialism (NS; , ), is the far-right politics, far-right Totalitarianism, totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During H ...
to kill Jews and other minorities in extermination camps was not indicted at the
Nuremberg trials #REDIRECT Nuremberg trials {{redirect category shell, {{R from other capitalisation{{R from move ...
. Katyal was criticized by publications including ''
The New Republic ''The New Republic'' (often abbreviated as ''TNR'') is an American magazine focused on domestic politics, news, culture, and the arts from a left-wing perspective. It publishes ten print magazines a year and a daily online platform. ''The New Y ...
''. In 2021, Katyal represented financial giant
Citigroup Citigroup Inc. or Citi (Style (visual arts), stylized as citi) is an American multinational investment banking, investment bank and financial services company based in New York City. The company was formed in 1998 by the merger of Citicorp, t ...
in their efforts to recoup a mistaken transfer of $900 million to creditors of Revlon Inc. He also worked with the prosecution team in '' State v. Chauvin''. Katyal is a board member of Chamath Palihapitiya's venture capital firm
Social Capital Social capital is a concept used in sociology and economics to define networks of relationships which are productive towards advancing the goals of individuals and groups. It involves the effective functioning of social groups through interper ...
. In 2022, Katyal argued for the respondents in '' Moore v. Harper'' before the Supreme Court, a case involving election law,
redistricting Redistricting in the United States is the process of drawing electoral district boundaries. For the United States House of Representatives, and state legislatures, redistricting occurs after each ten-year census. The U.S. Constitution in Art ...
and the
independent state legislature theory The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate Federal elections in the United ...
. The court rejected the independent legislature theory and thus upheld Katyal's position by a 6–3 vote. Also in 2022, Katyal represented
Johnson & Johnson Johnson & Johnson (J&J) is an American multinational pharmaceutical, biotechnology, and medical technologies corporation headquartered in New Brunswick, New Jersey, and publicly traded on the New York Stock Exchange. Its common stock is a c ...
in a civil suit against the company for
selling Sales are activities related to selling or the number of goods sold in a given targeted time period. The delivery of a service for a cost is also considered a sale. A period during which goods are sold for a reduced price may also be referred ...
talcum
baby powder Baby powder is an astringent powder (substance), powder used for preventing diaper rash and for Cosmetics, cosmetic uses. It may be composed of talc (in which case it is also called talcum powder), corn starch or potato starch. It may contain a ...
contaminated with carcinogens. His billing rate for this was $2,465 per hour. On February 12, 2025, Milbank announced that Katyal will be leading the appellate practice of their Washington D.C. office. On April 2, 2025, President Donald J. Trump announced on Truth Social that Milbank had agreed to provide $100 million in pro bono legal services to causes supported by his administration and the law firm. The law firm also agreed to use a merit-based system and to not engage in “illegal D.E.I. discrimination. Katyal is a senior fellow at the Kettering Foundation, an American
non-partisan Nonpartisanship, also known as nonpartisanism, is a lack of affiliation with a political party and a lack of political bias. While an ''Oxford English Dictionary'' definition of ''partisan'' includes adherents of a party, cause, person, etc., ...
research foundation.


Political positions

Katyal has described himself as an " extremist centrist". He endorsed President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
's nomination of
Neil Gorsuch Neil McGill Gorsuch ( ; born August 29, 1967) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Neil Gorsuch Supreme Court ...
to the Supreme Court in an
op-ed An op-ed, short for "opposite the editorial page," is a type of written prose commonly found in newspapers, magazines, and online publications. They usually represent a writer's strong and focused opinion on an issue of relevance to a targeted a ...
to ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
''. When that newspaper's
public editor A public editor is a position existing at some news publications; the person holding this position is responsible for supervising the implementation of proper journalism ethics within that publication. These responsibilities include identifying a ...
criticized the op-ed for failing to disclose Katyal had active cases being considered by the Court, Katyal responded that it would have been obvious he always has cases being heard by the Supreme Court. Katyal formally introduced Gorsuch on the first day of his Senate Judiciary Committee confirmation hearings. In addition to Gorsuch, Katyal spoke highly of Trump's nomination of
Brett Kavanaugh Brett Michael Kavanaugh (; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since Oct ...
to the Supreme Court. In multiple tweets that were cited by Republican Senate Majority Leader
Mitch McConnell Addison Mitchell McConnell III (; born February 20, 1942) is an American politician and attorney serving as the senior United States senator from Kentucky, a seat he has held since 1985. McConnell is in his seventh Senate term and is the long ...
in favor of Kavanaugh's confirmation, Katyal praised Kavanaugh's "credentials ndhardworking nature", and described his "mentoring and guidance" of female law clerks as "a model for all of us in the legal profession". Katyal has also called Kavanaugh "incredibly likable".


Honors and awards

The US Justice Department awarded Katyal the Edmund Randolph Award, the highest honor the department can bestow on a civilian. The '' National Law Journal'' named Katyal its runner-up for "Lawyer of the Year" in 2006 and in 2004 awarded him its Pro Bono award. '' American Lawyer'' Magazine considered him one of the top 50 litigators nationally. '' Washingtonian Magazine'' named him one of the 30 best living Supreme Court advocates.


Personal life

Katyal is married to Joanna Rosen, a physician. His brother-in-law is Jeffrey Rosen, president and CEO of the
National Constitution Center The National Constitution Center is a non-profit institution that is devoted to the study of the Constitution of the United States. Located at the Independence Mall (Philadelphia), Independence Mall in Philadelphia, Pennsylvania, the center is a ...
in
Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
. His sister Sonia Katyal is the Chancellor's Professor of Law and co-director of the Berkeley Center for Law & Technology at
UC Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California), is a public land-grant research university in Berkeley, California, United States. Founded in 1868 and named after the Anglo-Irish philosopher George Berkele ...
. Katyal attended Burning Man 2023, during which heavy rainfall caused flash flooding. He hiked six miles in the mud to get out of the festival, which he called "incredibly harrowing".


Selected works

;Books * ;Articles * * * * * * * * * * * *


See also

* Barack Obama Supreme Court candidates * List of law clerks of the Supreme Court of the United States (Seat 2)


References


Further reading


Nina Totenberg, "''Hamdan v. Rumsfeld'': Path to a Landmark Ruling"
NPR, September 5, 2006
Georgetown University Law Center faculty profile
, containing a link to his publications, awards and cases argued
Website maintained by Hamdan's defense team
including counsel profiles and briefs
Profile about Katyal and Hamdan case
, ''Vanity Fair'', March 2007
"Katyal's Crusade: How an Overachieving Law Professor Toppled the President's Terror Tribunals"
, ''Legal Times'' July 31, 2006
"A Patriot's Act"
, ''Dartmouth Alumni Magazine'', July 2006


External links

*
Profile
at
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
* * , - , - {{DEFAULTSORT:Katyal, Neal 1970 births American democracy activists American lawyers American legal scholars American legal writers Clinton administration personnel Dartmouth College alumni Georgetown University Law Center faculty Guantanamo Bay attorneys Law clerks of the Supreme Court of the United States Living people Loyola Academy alumni Obama administration personnel Solicitors general of the United States Yale Law School alumni People associated with Hogan Lovells American academics of Indian descent