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Stephen Wirth is a versatile litigator and appellate advocate who represents clients in complex, high-stakes litigation across all levels of the federal judiciary. His practice focuses on constitutional and statutory interpretation, administrative law, and cross-border disputes. His clients include multinational corporations, sovereign governments, academic institutions, and major trade associations—both as plaintiffs and defendants—at all stages of litigation. He has briefed and argued cases in the federal district courts, the courts of appeals, and the Supreme Court, and has served as lead counsel in matters involving the Administrative Procedure Act (APA), constitutional separation of powers, the Due Process Clause, personal jurisdiction, sovereign immunity, and the First, Fourth, and Fifth Amendments.

Mr. Wirth has particular expertise in litigation against federal and state governments under the APA and Constitution. He led emergency litigation on behalf of major government contractors and grantees challenging the Trump Administration’s unlawful freeze of congressionally mandated foreign-assistance funding, securing a temporary restraining order and preliminary injunction that resulted in hundreds of millions of dollars in funding being released to his clients. That litigation included a 5–4 victory in the Supreme Court, which left the district court’s TRO in place. Mr. Wirth also has also litigated regulatory actions affecting the pharmaceutical, healthcare, and environmental sectors—including significant victories against the Department of Health and Human Services, the Environmental Protection Agency, the Department of State, Customs and Border Patrol, and the Office of Management and Budget, among others. He has coordinated multi-state litigation campaigns, including a series of lawsuits on behalf of a drug manufacturer challenging state laws affecting the federal 340B drug pricing program. 

Mr. Wirth has also successfully defended numerous sovereign clients in U.S. litigation. He is a recognized authority on sovereign immunity and foreign relations law, including the Foreign Sovereign Immunities Act (FSIA) and common-law immunity. Mr. Wirth co-authored a chapter on foreign-official immunity in the American Law Institute’s companion volume to the Restatement (Third) of Foreign Relations Law. He has represented foreign sovereigns and their officials in suits involving alleged terrorism financing, racketeering, conspiracy, fraud, and wrongful death, including suits under the Anti-Terrorism Act, the Alien Tort Statute, the Torture Victim Protection Act, the Racketeer Influenced and Corrupt Organizations (RICO) Act. Mr. Wirth has substantial experience litigating each of the exceptions to immunity, under both the FSIA and the common law, as well as issues related to personal jurisdiction over foreign states, agencies, instrumentalities, officials, and corporations.

Mr. Wirth is deeply committed to pro bono service, having devoted thousands of hours to cases involving voting rights, immigration, religious liberty, and criminal justice reform. He has argued pro bono appeals before the federal courts of appeals, including the en banc Fourth Circuit, and the Florida Supreme Court. His writing has appeared in legal journals and firm publications on topics ranging from the APA to the Anti-Terrorism Act to the Fourth and Fifth Amendments.

Before joining Arnold & Porter, Mr. Wirth clerked for the Hon. Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit and the Hon. Paul A. Crotty of the U.S. District Court for the Southern District of New York. He earned his J.D. magna cum laude from Cornell Law School, where he was an Articles Editor of the Cornell Law Review and received multiple awards for writing and advocacy.

Experience

  • Global Health Council v. Trump: Argued and won TRO and preliminary injunction against unlawful freeze of congressionally mandated foreign-assistance funding.
  • AstraZeneca v. HHS & Multi-State Litigation: Litigated and won APA challenge to advisory opinion and enforcement proceedings brought against drug manufacturer; continues to litigate related multi-state 
  • HARDI v. EPA: Argued and won a D.C. Circuit regulatory challenge to EPA’s enforcement methods under the American Innovation and Manufacturing Act and the Clean Air Act. 
  • CLS Plasma & Grifols v. CBP: Led successful challenge to CBP guidance restricting plasma donations by business visa holders crossing U.S.–Mexican border; won emergency appeal in the D.C. Circuit and led settlement negotiations. 
  • Stanford University Free Speech Litigation: Represents Stanford researchers in two high-profile First Amendment cases involving alleged censorship of conservative speech. 
  • Conservancy of Southwest Florida v. CEM: Led appeal reversing adverse land-use ruling resulting in a settlement preserving a large panther habitat in south Florida for conservation.

Recognition

Washington, DC Super Lawyers
"Rising Star" Appellate (2023-2025)
Best Lawyers
"Ones to Watch" Appellate Practice (Washington, D.C.) (2023-2025)
The Legal 500 US
Appellate: Courts of Appeal/Supreme Courts (2021)
More

Credentials

Education

  • J.D., Cornell Law School, 2014, magna cum laude, Order of the Coif
  • B.A., Music (History), Yale College, 2009, magna cum laude

Admissions

  • District of Columbia
  • New York
  • Supreme Court of the United States
  • Various U.S. Courts of Appeals
  • U.S. District Court, District of Columbia
  • U.S. District Court, Southern District of New York

Clerkships

  • U.S. Court of Appeals for the Ninth Circuit, The Honorable Carlos T. Bea
  • U.S. District Court, Southern District of New York, The Honorable Paul A. Crotty

Activities

  • Board of Directors, Yspaniola
Overview