The former Principal Deputy Solicitor General in Virginia’s Office of the Attorney General, Matt is a seasoned appellate and trial court attorney. As counsel, Matt focuses on appellate litigation as well as helping clients frame complex legal issues before trial courts and administrative agencies.

Before joining Hunton Andrews Kurth LLP, Matt served for nearly four years in the Solicitor General’s division of the Office of the Attorney General of Virginia. He represented the Commonwealth, its agencies and its officials in significant and sensitive cases pending before the US Supreme Court, the US Courts of Appeals, the Supreme Court of Virginia and federal and state trial courts. Before the US Supreme Court, Matt briefed, argued and won a 5-4 victory in Currier v. Virginia, 138 S. Ct. 2144 (2018). That case involved a “complicated” constitutional question about the double jeopardy clause, which resulted in one commentator noting “the exceptionally high intellectual plane of the Supreme Court’s discourse” during the argument (SCOTUSBlog 2018). Matt was also the principal attorney defending the sentence imposed on Lee Boyd Malvo, one of the “D.C. Snipers,” including drafting the successful petition for writ of certiorari, granted by the US Supreme Court in 2019. Recently, Matt argued before the full en banc US Court of Appeals for the Fourth Circuit in Manning v. Caldwell, a case challenging the constitutionality of Virginia’s habitual drunkard laws, and successfully represented the Virginia State Bar before the Supreme Court of Virginia in Morrissey v. Virginia State Bar.

Before joining the Attorney General’s office, Matt frequently represented clients before the Federal Energy Regulatory Commission (FERC) in proceedings arising under the Federal Power Act and the Natural Gas Act. Immediately after law school, Matt served as a law clerk for Judge E. Grady Jolly on the US Court of Appeals for the Fifth Circuit.

Matt also co-teaches a course on the Constitution and State Attorneys General at the University of Richmond School of Law.

Relevant Experience

US Supreme Court

• Mathena v. Malvo, No. 18-217 (cert. granted Mar. 18, 2019) (cert petition seeking review of how retroactivity works for new rules of criminal procedure).
• Virginia Uranium, Inc. v. Warren, No. 16-1275 (2019) (defended Virginia’s moratorium on mining uranium ore against a preemption challenge).
• Va. House of Delegates v. Bethune-Hill, No. 18-281 (2019) (dismissed case because Virginia’s House of Delegates lacked standing to appeal in a redistricting case).
• Montana v. Tipton, No. 18-444 (2019) (multi-state amicus brief on behalf of 18 states in support of a petition for a writ of certiorari).

• Currier v. Virginia, 138 S. Ct. 2144 (2018) (argued case, which held that criminal defendants waive their right to argue double jeopardy if they agree at the outset to multiple trials).
• Collins v. Virginia, 138 S. Ct. 1663 (2018) (holding that the automobile exception to the warrant requirement does not apply on curtilage).
• Coleman v. Virginia, No. 17-546 (2018) (denying certiorari in a case challenging the standard of review to be applied by the lower appellate court).
• Johnson v. Virginia, No. 17-326 (2018) (denying certiorari in a case challenging life-without-parole sentences in Virginia for homicide offenders).
• Virginia v. LeBlanc, 137 S. Ct. 1726 (2017) (summary reversal of US Court of Appeals decision invalidating Virginia’s use of geriatric release to comply with Eighth Amendment’s prohibition on life-without-parole sentences for juvenile nonhomicide offenders).
• Jones v. Virginia, No. 16-1337 (2017) (denying certiorari in a case challenging life-without-parole sentences in Virginia for homicide offenders).
• Lindsey v. Virginia, No. 17-132 (2017) (denying certiorari in a case raising a due process challenge to jury instructions).
• Zebbs v. Virginia, No. 16-5895 (2017) (denying certiorari in a case raising a Fifth Amendment self-incrimination claim).
• Delaware v. Arkansas, Nos. 220145, 220146 (pending) (original action raising a statutory interpretation question about which states are authorized to escheat certain abandoned financial instruments).

US Courts of Appeals and Supreme Court of Virginia

• Morrissey v. Virginia State Bar, No. 181311 (Va. July 18, 2019) (affirmed three-judge court’s decision to revoke an attorney’s bar license for violating the Rules of Professional Conduct).
• Manning v. Caldwell, No. 17-1320 (4th Cir. July 16, 2019) (en banc) (defended the constitutionality of Virginia’s interdiction statutes).
• Appalachian Voices v. State Water Control Board, 912 F.3d 746 (4th Cir. 2019) (affirmed state agency’s decision to issue Section 401 permit for natural gas pipeline).
• Collins v. Virginia, No. 151277 (Va. 2019) (affirmed defendant’s conviction because exclusionary rule did not apply to bar evidence discovered after an unconstitutional search).
• Zhao v. Virginia Polytechnic Institute & State University, No. 18-2125 (4th Cir. May 20, 2019) (held that the immigration-related case was moot in light of plaintiff’s voluntary departure from the United States).
• Porter v. Clarke, No. 18-6257 (4th Cir. May 3, 2019) (defended prior conditions of confinement on Virginia’s death row largely on grounds that the case was moot).
• Boone v. Everett, No. 18-6094 (4th Cir. Feb. 7, 2019) (affirmed district court’s decision that spoliation of evidence was not traceable to named defendant).
• The 6th District Congressional District Republican Committee v. Alcorn, No. 18-1111 (4th Cir. Jan. 9, 2019) (defended Virginia election law related to party nomination process against First Amendment challenge).
• Malvo v. Mathena, 893 F.3d 265 (4th Cir. 2018) (defended constitutional challenge to life-without-parole sentences received by Lee Boyd Malvo, the “D.C. Sniper”).
• Blount v. Clarke, 890 F.3d 456 (4th Cir. 2018) (reversing district court’s decision granting relief under the Eighth Amendment and ordering the petition dismissed in light of binding US Supreme Court precedent).
• Commonwealth v. Webb, 908 F.3d 941 (4th Cir. 2018) (defended state law against a preemption challenge under the Bankruptcy Code).
• Commonwealth v. Commonwealth ex rel. Hunter Labs., No. 170995 (Va. 2018) (defended the Commonwealth’s interpretation of how a relator’s share is calculated under the Virginia Fraud Against Taxpayers Act).
• Sierra Club v. State Water Control Board, 898 F.3d 383 (4th Cir. 2018) (affirmed state agency’s decision to issue Section 401 permit for natural gas pipeline).
• Osburn v. Virginia Dep’t of Alcoholic Beverage Control, 810 S.E.2d 262 (Va. 2018) (successfully defended case of first impression involving ABC’s search authority over applicants for a license).
• Kerpen v. MWAA, 907 F.3d 152 (4th Cir. 2018) (filed amicus brief arguing that the case should be dismissed because Virginia was a necessary party that could not be joined).
• Toghill v. Clarke, 877 F.3d 547 (4th Cir. 2017) (upholding the constitutionality of Virginia Code § 18.2-361(A) against a facial challenge).
• Contreras v. Davis, Nos. 17-6307, 17-6351 (4th Cir. 2017) (cross-appeal) (reversing district court’s decision granting relief under the Eighth Amendment and ordering petition dismissed).
• Makdessi v. Fields, No. 17-6121 (4th Cir. Dec. 7, 2017) (affirmed district court’s dismissal of section 1983 complaint after trial).

US District Courts and State Trial Courts

• Falls Church Med. Ctr. v. Oliver, No. 3:18-cv-00428 (E.D. Va. 2018) (defense of Virginia’s statutes and regulations applicable to abortion providers).
• Bethune-Hill v. Va. State Bd. of Elections, No. 3:14-cv-00852 (E.D. Va. 2017-2018) (counsel of record for three days during redistricting merits trial and during the remedial phase).
• Schneider v. MWAA, No. 1:18-cv-00402 (E.D. Va. 2018) (amicus arguing that the case must be dismissed because the Commonwealth was a necessary party that could not be joined.
• Fitzgerald v. Alcorn, No. 5:17-cv-00016 (W.D. Va. 2018) (defended challenge to Virginia election law).
• Andrew v. Herring, No. 3:17-cv-373 (E.D. Va. 2018) (defended removed case challenging a Virginia fund against Full Faith and Credit challenge).
• Andrew v. Herring, No. 2016-CA-4456 (D.C. Superior Ct. 2018) (dismissed case for lack of standing and lack of personal jurisdiction over Virginia officials).
• Texas et al. v. United States, No. 4:18-cv-167 (N.D. Tex. 2018) (represented Virginia as part of multi-state group defending the constitutionality of the ACA).
• New York et al. v. United States Dep’t of Commerce, No. 1:18-cv-2921 (S.D.N.Y. 2018) (represented Virginia as part of multi-state group challenging addition of citizenship question to the census).
• New York et al. v. United State Dep’t of Labor, No. 18-cv-1747 (D.D.C. 2018) (represented Virginia as part of multi-state group challenging DOL policy change to permit association health plans).
• New York et al. v. Trump, No. 1:17-cv-5228 (E.D.N.Y. 2017) (represented Virginia as part of multi-state group challenging DACA rescission).

Bar Admissions

Education
JD, George Mason University Antonin Scalia Law School, summa cum laude, Executive Editor, George Mason Law Review, 2012BA, North Carolina State University, cum laude, 2008

• (Mis)Understanding “Undue Discrimination”: FERC’s Misguided Effort to Expand the Boundaries of the Federal Power Act, 19 GEO. MASON L. REV. 549
• How the Google Consent Order Alters the Process and Outcomes of FRAND Bargaining, 20 GEO. MASON L. REV. 979
• Considering Competitive Transmission Solicitation Options, Law360
• How the High Court May See Independent Redistricting After 2020, Law360