Counsel
Washington, D.C.
Josh is a highly accomplished appellate advocate with decades of experience who has personally argued 60 appeals and briefed many more cases in every federal circuit. As a former counsel in the Department of Justice's prestigious Civil Appellate branch, Josh tackled the most complex constitutional, statutory, and regulatory issues, often on an expedited basis, including matters related to national security, federal agency authority, and due process.
At DOJ, Josh secured precedent-setting victories in multiple courts of appeals in constitutional and statutory challenges to the No-Fly and terrorist watchlists, TSA security procedures, warrantless cell phone searches at ports of entry, and the handling of ex parte classified evidence. Josh was also a key part of teams that successfully defended presidential executive orders restricting entry to the United States based on national security concerns and COVID-19.
Josh has deep experience with a wide range of agency regulatory authorities, successfully defending Medicare reimbursement rates for disproportionate share hospitals, USDA regulation of Canadian beef imports, Department of Transportation restrictions on commercial motor vehicle drivers, Department of Education regulations of for-profit colleges, and TSA revocation of a flight-crew license. He has also successfully argued many appeals under the Federal Tort Claims Act and the National Childhood Vaccine Injury Act.
In recognition of his success, Josh was awarded the Department of Justice Civil Division Dedicated Service award for the highest standards of excellence and was the four-time recipient of the Civil Division's commendation for outstanding service.
Josh previously served as an attorney-advisor at the Department of Justice's Office of Legal Counsel, and as law clerk to Justice John Paul Stevens of the Supreme Court of the United States and to Judge Merrick B. Garland of the U.S. Court of Appeals for the District of Columbia Circuit.