Constitutional & Public Law
Our Constitutional & Public Law Litigation attorneys represent governmental entities, public officials, and select private clients in consequential disputes involving state and federal constitutional questions, governmental authority, and public policy. These matters are rarely routine. They often involve novel or unsettled questions of law, unusually high stakes, or institutional consequences extending well beyond the dispute itself.
Balch attorneys have experience handling these matters at every stage of litigation in state and federal courts, from state trial courts through the Supreme Court of the United States. Whether serving as the lead trial counsel or as specialized “issues” counsel, our attorneys have handled cases involving substantial constitutional issues; governmental immunities; redistricting and voting rights litigation; public finance disputes; land use and condemnation; civil rights-related disputes; First Amendment questions; and other significant litigation involving public institutions and questions of public law and policy.
Our attorneys regularly represent state, county, and local governmental entities, agencies, municipalities, public authorities, and public officials. We understand that governmental clients often face considerations that differ from those confronting ordinary commercial clients, including statutory and constitutional limits on governmental authority, institutional obligations, public accountability, and the potential effects of litigation on future governmental operations.
Constitutional and public law principles frequently affect private rights and activities, as well. We represent utilities, businesses, employers, political actors, and private individuals when constitutional and public law questions affect their rights and responsibilities. Those clients may include utilities involved in condemnation, takings, infrastructure, or other matters implicating governmental authority; businesses and employers confronting disputes with significant constitutional or public-law dimensions; financial institutions involved in public financing disputes; and individuals or political actors whose rights or responsibilities turn on questions of constitutional or governmental law.
Our attorneys draw on complementary experience throughout the firm to address disputes holistically. We work closely with our Issues & Appeals attorneys when matters require proactive appellate strategy. When disputes arise from public financing arrangements or governmental transactions, we utilize the experience of our Public Finance attorneys, who understand the structures, transactions, and governmental authority underlying the litigation. Where litigation implicates legislation, governmental processes, or broader public-policy considerations, our Public Policy & Government Relations attorneys provide insight into the legislative and institutional settings. Our attorneys are experienced at quickly identifying novel legal issues and developing sound strategies to address immediate litigation objectives as well as potential internal and external pressures.
Our Capabilities
Constitutional Challenges & Governmental Authority
Our attorneys represent governmental entities and officials in litigation challenging statutes, ordinances, governmental actions, and the authority of public bodies. These matters may involve state or federal constitutional questions, statutory authority, separation of powers, sovereign immunity, questions of parliamentary or internal procedure, or other disputes over the lawful exercise of governmental authority.
Elections, Redistricting, & Voting Rights
We handle significant litigation involving elections, redistricting, and voting rights. Our experience includes defending redistricting plans and governmental election practices, addressing constitutional and statutory challenges affecting the political process, and advising officials on difficult questions arising at the intersection of election administration and constitutional law.
Land Use, Takings, & Public Projects
Our attorneys handle litigation involving land use, zoning, condemnation, public acquisition, constitutional takings, utilities, transportation, public lands, and other public projects. These matters frequently require an understanding of both the immediate property dispute and the broader governmental or infrastructure interests affected by the litigation.
Civil Rights, Immunities, & Government Liability
Our attorneys have defended governmental entities and officials in cases involving difficult questions of sovereign immunity, as well as matters involving qualified immunity, policing, forfeiture, civil rights issues, and other claims arising from the exercise of governmental authority. These cases often require careful attention both to the rights asserted by individual litigants and to the institutional and practical consequences of the legal rules governing public officials and agencies.
Public Finance & Governmental Transactions Litigation
Working where appropriate with the firm’s Public Finance attorneys, we have represented clients in disputes arising from public financing arrangements, governmental financing authority, bonds, and related governmental transactions. This combined litigation and transactional experience allows our firm to address both the legal controversy and the financing arrangements from which the dispute arose.