Andrew Tutt | People | Arnold & Porter

Andrew Tutt is a nationally recognized appellate advocate whose practice focuses on Supreme Court, appellate, and complex litigation. He has argued and won four cases before the United States Supreme Court and has led appeals in every federal court of appeals. His victories span a wide range of subjects, with particular depth in administrative law, intellectual property, and civil rights.

Andrew has secured major wins at every level of the federal courts, from federal trial courts to the nation’s highest court. He recently argued and won Feliciano v. Department of Transportation, a landmark Supreme Court decision holding that federal employees who serve in the military during a national emergency are entitled to differential pay—broadening protections for thousands of servicemembers. He also argued and won Health & Hospital Corp. v. Talevski, preserving civil rights enforcement across a broad swath of federal programs. In earlier Supreme Court victories, he successfully defended veterans' reemployment rights against state sovereign immunity claims in Torres v. Texas Department of Public Safety and established the appealability of legal issues resolved at summary judgment in Dupree v. Younger.

In the courts of appeals, Andrew has repeatedly broken new ground. He convinced the Fourth and Tenth Circuits to recognize that recording police officers is protected First Amendment activity. In another Fourth Circuit case, he represented the City of Baltimore in litigation over nearly $300 million in annual federal grants. In the Ninth Circuit, he represented federal grantees in another high-stakes grant funding dispute, securing a reversal.

Andrew also leads cutting-edge litigation at the district court level. He spearheaded a lawsuit against Harvard University on behalf of students, and has brought pioneering civil rights claims involving warrantless border searches of cell phones, the rights of deaf inmates, and prolonged immigration detention—often resulting in meaningful relief, including release from federal custody.

Before joining Arnold & Porter, Andrew served in the Office of Legal Counsel at the U.S. Department of Justice, advising the President and federal agencies. He clerked for Judge Cornelia T.L. Pillard on the D.C. Circuit and is the author of numerous law review articles, including An FDA for Algorithms, a foundational work in the emerging field of algorithmic regulation.

Andrew holds a J.D. from Yale Law School, where he was an Articles Editor for The Yale Law Journal and won multiple prizes for legal writing. He earned a B.S. from Duke University, triple majoring in Economics, Mathematics, and Biomedical Engineering. Between college and law school, he spent a year in Yerevan, Armenia, working for the international anti-corruption organization Transparency International.

Focus Areas

Experience

Feliciano v. Department of Transportation. Argued and won Supreme Court case establishing that federal civilian employees are entitled to differential pay if their service temporally coincides with a declared national emergency without any showing that the service bears a substantive connection to a particular emergency.
Dupree v. Younger. Argued and won Supreme Court case establishing that purely legal issues resolved at summary judgment are preserved for appellate review even in cases that go to trial.
Health and Hospital Corporation of Marion County v. Talevski. Argued and won Supreme Court case establishing 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.
Torres v. Texas Department of Public Safety. Argued and won Supreme Court case establishing that states cannot assert sovereign immunity as a defense to suits under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Sharpe v. Winterville Police Department. Won recognition that livestreaming police officers is First Amendment protected activity in the Fourth Circuit.

Wooden v. United States. Identified pro se petition for certiorari and secured 9-0 reversal of petitioner’s career offender designation by the Supreme Court.
Irizarry v. Yehia. Won recognition of the First Amendment right to record police officers in the Tenth Circuit.
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.
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.