Professor Lederman was Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002. From 1988 to 2004, he was an attorney at Bredhoff & Kaiser, where his practice consisted principally of federal litigation, including appeals, on behalf of labor unions, employees and pension funds. In 2008, with David Barron, he published a two-part article in the Harvard Law Review examining Congress’s authority to regulate the Commander in Chief’s conduct of war.
Prior to rejoining the Department of Justice, he was a regular contributor to several blogs and web sites, including Balkinization, SCOTUSblog, Opinio Juris, and Slate, writing principally on issues relating to separation of powers, war powers, torture, detention, interrogation, international law, treaties, executive branch lawyering, statutory interpretation and the First Amendment. He served as law clerk to Chief Judge Jack B. Weinstein on the United States District Court for the Eastern District of New York, and to Judge Frank M. Coffin on the United States Court of Appeals for the First Circuit.
U.S. Supreme Court Briefs
"DOJ attorney resigns after Justice stops defending key Obamacare provisions," Island News, June 12, 2018, quoting Associate Professor Marty S. Lederman.
"Supreme Court wipes out appeals court ruling in immigrant abortion case," coverage by Politico, June 4, 2018, quoting Associate Professor Marty Lederman.
"Trump Had Power to Attack Syria Without Congress, Justice Dept. Memo Says," coverage by The New York Times, June 1, 2018, quoting Associate Professor Marty Lederman.