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.
Recently, 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 not only to reverse the district court’s dismissal for lack of standing, but also to look past mootness, exercise its discretion to reach the merits in light of the case’s “national impact,” and strike down the unlawful award criteria. Mr. Tutt also argued and won a preliminary injunction on behalf of the City of Baltimore against changes to federal grant criteria used to award nearly $300 million annually.
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 punishes students for joining single-sex organizations. He 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.
Experience
- Mayor and City Council of Baltimore v. Azar. Secured preliminary injunction against changes to the regulations governing the Title X family planning program.
- 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.
- 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.
- 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.
Perspectives
Credentials
- JD, Yale Law School, 2013
- BS, Biomedical Engineering, Economics, Mathematics, Duke University, 2009
- District of Columbia
- New York
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Attorney-Adviser, Office of Legal Counsel, US Department of Justice
- District of Columbia Circuit Court, The Honorable Cornelia T.L. Pillard