Andrew Tutt focuses on Supreme Court, appellate, and complex litigation. He has won cases in federal courts across a broad cross-section of subjects, with particular experience in administrative law, intellectual property law, and civil rights law. He has led appeals in the Second, Third, Fourth, Fifth, Seventh, Ninth, and DC Circuits and led the strategy, briefing, and argument in complex cases in federal district courts nationwide.
Recently, in what the Seventh Circuit panel described as "a difficult area of law, no doubt" Mr. Tutt won recognition of the right of nursing home residents to bring suits under § 1983 to enforce two key federal rights in the Federal Nursing Home Reform Act (FNHRA).
In another recent case, Mr. Tutt persuaded the Fourth Circuit that a federal district court fundamentally misapprehended the evidence and arguments in a high-stakes bench trial, winning, on clear error review, a reversal and remand with instructions to enter judgment in favor of his client.
In another case in the Fourth Circuit, Mr. Tutt won a preliminary injunction and summary judgment for the City of Baltimore against changes to grant criteria used to award nearly $300 million annually. On appeal, the Fourth Circuit granted initial hearing en banc, split with the en banc Ninth Circuit, and affirmed the district court's grant of summary judgment on four independent grounds.
In the Ninth Circuit, Mr. Tutt successfully represented three federal grantees in a high-profile challenge to the criteria used to award $100 million in annual federal grants. Mr. Tutt persuaded the court of appeals to reverse the district court's dismissal for lack of jurisdiction and exercise its discretion to reach the merits and strike down the unlawful award criteria in light of the case's "national impact."
Mr. Tutt also led the development of a pioneering federal lawsuit on behalf of fraternities and individual Harvard students against a Harvard University policy that punished students for joining single-sex organizations. Mr. Tutt also spearheaded the briefing in North Carolina State Conference of the NAACP v. Cooper, securing a preliminary injunction blocking North Carolina's Voter ID law. He has also served as lead counsel representing clients in pro bono civil rights cases challenging the constitutionality of warrantless cell phone searches at the border, the denial of access to videophone for a deaf inmate in federal prison, and extended civil detention during removal proceedings. In the last of these challenges, Mr. Tutt secured his client's release from federal custody after more than two years in prison, persuading a federal district court that his client's prolonged detention without bond violated the Due Process Clause.
Before joining Arnold & Porter, Mr. Tutt served as an Attorney-Adviser in the Office of Legal Counsel at the US Department of Justice, where he aided in the preparation of legal advice to the President and federal agencies. Mr. Tutt previously served as a law clerk for Judge Cornelia T.L. Pillard of the US Court of Appeals for the DC Circuit, and as an associate at a large international Washington, DC law firm. He is the author of numerous law review articles on constitutional and administrative law. His seminal article, An FDA for Algorithms, remains a widely-cited contribution to the still developing law of algorithmic regulation.
Mr. Tutt is a graduate of Yale Law School, where he served as an Articles Editor for The Yale Law Journal, won Yale's internal moot court competition, and received prizes for excellence in legal writing and analysis. Mr. Tutt holds a BS from Duke University where he triple majored in Economics, Mathematics, and Biomedical Engineering, earning honors in Economics and Engineering. Between college and law school, he spent a year in Yerevan, Armenia, working for the international anti-corruption organization Transparency International.
- Mayor and City Council of Baltimore v. Azar. Secured preliminary injunction and summary judgment against changes to the regulations governing the Title X family planning program. On appeal, won initial hearing en banc and affirmance of the district court's grant of summary judgment.
- Talevski v. Health and Hospital Corporation of Marion County. Convinced the court of appeals that the Federal Nursing Home Reform Act's (FNHRA's) rights against chemical restraint and unlawful discharge are enforceable in actions against state-run nursing homes under § 1983.
- Planned Parenthood of Greater Washington and North Idaho v. HHS. Won reversal of district court's dismissal for lack of standing in challenge to criteria used to award Teen Pregnancy Prevention Program grants. Persuaded court of appeals to reach the merits and vacate the unlawful award criteria.
- Heyer v. United States Bureau of Prisons. Won recognition of deaf civil detainees' First Amendment right to use a videophone to call other deaf individuals outside the prison walls, reversing district court’s decision following a bench trial on clear-error review.
- Kappa Alpha Theta v. Harvard University. Persuaded federal district court to reject Harvard's motion to dismiss and permit all five of plaintiffs' claims to proceed to discovery. Harvard rescinded the policy.
- North Carolina State Conference of the NAACP v. Cooper. Secured preliminary injunction against implementation of North Carolina's Voter ID law.
- Segura v. Sessions. Won release of client detained for more than two years during the pendency of removal proceedings.
- Board of Regents of the University of Texas System v. Boston Scientific. Won affirmance of a district court's order transferring patent infringement case from Texas to Delaware against novel State sovereign immunity challenge.
- JD, Yale Law School, 2013
- BS, Biomedical Engineering, Economics, Mathematics, Duke University, 2009
- District of Columbia
- New York
Attorney-Adviser, Office of Legal Counsel, US Department of Justice
- District of Columbia Circuit Court, The Honorable Cornelia T.L. Pillard