September 23, 2023

Volume XIII, Number 266


Michael B. Kimberly

Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He handles complex appeals and trial court motions with a primary focus on antitrust law, administrative law and constitutional law. An accomplished appellate lawyer, Michael has argued appeals in courts throughout the country, including five times in the US Supreme Court, three times before the en banc courts of appeals, and a dozen other times in the federal courts of appeals and state appellate courts. He has briefed more than 200 appellate matters, including 23 Supreme Court merits cases.

Michael is a visiting lecturer in law at Yale Law School, where he co-directs the Yale Law School Supreme Court clinic.

Michael’s notable US Supreme Court cases include unanimous victories in Smith v. Berryhill, concerning the scope of judicial review of final agency action; and Shapiro v. McManus, concerning the availability of review before three-judge district courts. On remand from the Supreme Court in Shapiro, which was later recaptioned Benisek v. Lamone, Michael won a groundbreaking victory establishing that partisan gerrymandering violates the First Amendment. Michael also represented the petitioner in France v. United States, a white-collar criminal case in which his briefing persuaded the solicitor general to confess error.

While in law school, Michael served as editor of The Yale Law Journaland executive editor of the Yale Law and Policy Review. Following law school, Michael clerked for Judge Michael Daly Hawkins on the US Court of Appeals for the Ninth Circuit.

Articles in the National Law Review database by Michael B. Kimberly