Charles J. Cooper


Charles J. "Chuck" Cooper is an appellate attorney and litigator in Washington, D.C., where he is a founding member and chairman of the law firm Cooper & Kirk, PLLC. He was named by The National Law Journal as one of the 10 best civil litigators in Washington. The New York Times described Cooper as "one of Washington’s best-known lawyers." Cooper has represented some of the biggest names in American politics, including Attorney General Jeff Sessions in response to the alleged Russian interference in the 2016 United States elections, Attorney General John Ashcroft, and former National Security Adviser and United States Ambassador to the United Nations John Bolton.
Cooper has more than 25 years of legal experience in government and private practice, with numerous cases in trial and appellate court. He has argued several cases before the United States Supreme Court and been described as "one of the most prominent... Supreme Court litigators in the country."

Biography

Cooper was born on March 8, 1952 in Dayton, Ohio. He attended local schools and received his B.A. business degree in 1974 from the University of Alabama. He earned his J.D. degree in 1977 from the University of Alabama Law School. He was editor-in-chief of the Alabama Law Review and ranked first in his class. He passed the bar in Alabama and Washington, DC. He had two clerkships with judges. From 1977–78, Cooper clerked for Judge Paul Roney of the United States Court of Appeals for the Fifth Circuit. From 1978–79, Cooper clerked for Justice William H. Rehnquist of the United States Supreme Court.
A member of the Republican Party, Cooper started working in 1981 in the Civil Rights Division of the U.S. Department of Justice in Washington, DC. In 1985 he was appointed as an Assistant Attorney General in the Office of Legal Counsel, United States Department of Justice during the Reagan administration. This is the office responsible for providing legal opinions and informal advice to the White House, the Attorney General, and Executive Branch Departments and Agencies on issues covering the full spectrum of statutory, regulatory, constitutional, and international law.
At a lunch at the Old Ebbitt Grill with other administration officials, he saw documents showing the administration's role in the Iran–Contra affair of 1986.
After his government service, in 1988 he entered private practice in the office of McGuire Woods. In 1990 he became a partner at Shaw Pittman, where he headed the firm's Constitutional and Government Litigation Group. He worked there until co-founding Cooper & Carvin, now known as Cooper & Kirk, in 1996. His practice is concentrated in constitutional, commercial, and civil rights litigation.
Cooper led the legal team for the defendant-intervenors in Hollingsworth v. Perry, defending California Proposition 8 in 2008, which banned same-sex marriage in the state. He argued this case before the US Supreme Court.
Cooper has testified before Congress or Congressional committees on more than a dozen occasions.
Cooper was awarded the Republican National Lawyers Association's "Edwin Meese III Award" in 2016, and the group's "Republican Lawyer of the Year Award" in 2010.

Firm alumni

Alumni of the firm Cooper founded include U.S. Senators such as Ted Cruz and Tom Cotton, Federal Judges such as Victor J. Wolski and Howard C. Nielson Jr., and a solicitor general Noel Francisco.
Cooper himself was touted as a possible Solicitor General nominee. During this process, a self-professed left leaning registered Democrat and Biglaw partner explained his reasons for supporting Cooper. He described Cooper as “thoroughly devoted to drawing principled constitutional lines,” “an immovable rock” for upholding the rule of law, and “one of the most principled lawyers you’ll ever encounter.”

Supreme Court arguments

Cooper has argued seven cases in front on the United States Supreme Court.
Virginia Uranium v. Warren
On Number 6, 2018, Cooper argued Virginia Uranium v. Warren. In that case, Cooper represented the owner of a uranium mine arguing that Virginia's ban on uranium mining was preempted by federal law and was therefore unenforceable.
Hollingsworth v. Perry
On March 26, 2013, Cooper argued Hollingsworth v. Perry. The substantive question in that case was whether the Equal Protection Clause of the Fourteenth Amendment prohibits the state of California from defining marriage as the union of one man and one woman. Cooper represented the proponents of Proposition 8, a ballot initiative adopted by the voters of California that defined marriage as being between one man and one woman.
South Central Bell Telephone Company v. Alabama
On January 19, 1999, Cooper argued the case South Central Bell Telephone Company v. Alabama. In this case, the Supreme Court considered whether Alabama's franchise tax discriminates against interstate commerce, in violation of the Commerce Clause, and whether the Alabama Supreme Court's refusal to permit the South Central Bell Telephone Company and others to raise their constitutional claims because of res judicata deprives them of the due process of law guaranteed by the Fourteenth Amendment. Cooper argued the case on behalf of the State of Alabama.
Clinton v. City of New York
On April 27, 1998, Cooper argued the case Clinton v. City of New York. In that case, the Supreme Court considered whether the President's ability to selectively cancel individual portions of bills, under the Line Item Veto Act, violated the Presentment Clause of Article I. Cooper argued this case on behalf of the City of New York.
This case has been called “the blockbuster separation of powers case of the Rehnquist years.”
United States v. Winstar Corp.
On April 24, 1996, Cooper argued the case United States v. Winstar. In that case, the Supreme Court considered the question of whether the federal government can be sued by thrifts that were sent into financial trouble when Congress changed the computation of required reserves after the Federal Home Loan Bank Board encouraged actions based on the premise that the rules would not change.
This case has been described as “enormously important” and creating an “important precedent on the interpretation of Government contracts.”
Federal Election Commission v. NRA Political Victory Fund
On October 11, 1994, Cooper argued Federal Election Commission v. NRA Political Victory Fund This case raised various questions regarding whether portions of the Federal Election Campaign Act violated the Constitutionally mandated separation of powers. Cooper represented the NRA Political Victory Fund.
Lee v. Weisman
On November 6, 1991, Cooper argued the case Lee v. Weisman. The question in that case was whether the inclusion of clergy who offer prayers at official public school ceremonies violated the Establishment Clause of the First Amendment. This case is credited for introducing the “coercion test” that has subsequently gained greater prominence in Establishment Clause jurisprudence.

Publications

Cooper has published many articles in law reviews and other scholarly publications.