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ABOUT JOHN SCOTT
Scott first established his national reputation when he won a landmark victory as a plaintiff's attorney in 1998 with an award of more than $28 million in an asbestos case, the largest jury verdict in such a case in United States history. That judgment was also among the largest judgments in the United States for that year, recognized by National Law Journal as one of the largest judgments of the year.
In 2001, Scott tried the first HMO case in Texas under the state's Healthcare Liability Law. His victory on behalf of the defendant was recognized by the National Law Journal as the National Healthcare Verdict of the Year and the National Verdict Win of the Month.
In 2012, at the request of then-Attorney General Abbott, Scott became Deputy Attorney General of Civil Litigation for the Texas Office of the Attorney General. During that time, he spear-headed Attorney General Abbott's efforts during the Ebola outbreak, the Texas City Oil Spill, the West Fertilizer Plant Explosion, the Apple/eBooks Antitrust Litigation, the American Airlines/US Airways Merger, and the Scott and White Healthcare/Baylor Healthcare System Merger. In addition, Scott served as Chairman for the State of Texas Medicaid Fraud Task Force and as lead trial counsel for State of Texas in Planned Parenthood of Greater Texas Surgical Health Services v. Abbott, Veasey v. Perry, and The University of Texas Law School investigation.
In December 2015, Scott took over as the Chief Operating Officer of the Texas Health and Human Services Commission. In that capacity, he oversaw the operations at all of the Commission's departments and its 56,000 employees. This included overhauling and stabilizing the commission at a critical time in its history. He had oversight responsibility for the operations at the Texas Department of Aging and Disability Services, the Department of Family and Protective Services, the Department of State Health Services, and the Department of Assistive and Rehabilitative Services.
In January 2016, at the request of Governor Abbott, Scott took on the role as chairman of the Texas Department of Information Resources. In that capacity, he helped develop the strategic plan for Texas information resources.
Scott has also handled cases at both Texas and United States Supreme Courts along with matters in the Second, Fifth and Seventh United States Courts of Appeals. In addition, Scott is licensed and has practiced in the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas.
“I want to extend my sincerest gratitude to John Scott for his steadfast commitment and service to the State of Texas. While working in my administration as attorney general and throughout his tenure at HHSC, John consistently prioritized the needs of his fellow Texans above his own, and his dedication has made the Lone Star State an even better place to call home. I thank him for his service and wish him the best of luck in all future endeavors.”
-Governor Greg Abbott, Texas
“The impact of John’s sound assistance, advice, and counsel cannot be overstated. He brought with him to the HHS system the legal acumen and the commitment to excellence necessary to affect immediate change during one of the most difficult periods for any state agency in recent memory. He is a dedicated public servant, he is a friend, and he will be missed.”
Former Commissioner, Texas Health and Human Services
"During my time as Governor, John has played a critical role at both the Health and Human Services Commission and the Department of Information Resources, proving to be a dedicated public servant. Texas has benefited from his commitment to improving our state, and I wish him all the best."
-Governor Greg Abbott, Texas
"This is a team of all stars. John is one of the smartest and most respected people in state government."
Former Commissioner, Texas Health and Human Services
"John Scott, who has served in the role since January, was credited as the 'chief architect' of the agency’s revamping of its internal ethics and contracting reform policy in the wake of a no-bid scandal that cost its director his job."
ABOUT JONATHAN MITCHELL
Jonathan F. Mitchell is Senior Counsel at Scott, PLLC. He received his law degree with high honors from the University of Chicago Law School, where he was an articles editor of The University of Chicago Law Review and a member of Order of the Coif.
After graduating from law school, Mr. Mitchell clerked for Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit and for Justice Antonin Scalia of the Supreme Court of the United States. He then worked as an Attorney-Adviser in the Office of Legal Counsel of the United States Department of Justice from 2003 through 2005. After leaving the Department of Justice, Mr. Mitchell was a visiting assistant professor at the University of Chicago Law School from 2006 through 2008, and then an assistant professor of law at George Mason University from 2008 through 2010. He has published articles on national-security law, criminal law and procedure, judicial federalism, and the legality of stare decisis in constitutional adjudication.
In 2010, Mr. Mitchell was appointed Solicitor General of Texas, a position he held until January 2015. During his time as Solicitor General, Mr. Mitchell argued before the Supreme Court of the United States, the federal courts of appeals, and the Supreme Court of Texas, as well as numerous trial courts. He has authored more than 100 briefs, and his brief for the respondents in Gonzalez v. Thaler, 132 S. Ct. 641 (2012), and his brief for the petitioners in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014), each received a Best Brief Award from the National Association of Attorneys General.
After leaving the Texas Solicitor General’s office, Mr. Mitchell served as the Searle Visiting Professor of Law at the University of Texas School of Law, and was a Visiting Professor of Law at Stanford Law School from 2015–2017. Mr. Mitchell has remained active in both Supreme Court and appellate litigation during that time, and argued Campbell–Ewald v. Gomez, No. 14-857, at the Supreme Court of the United States in October 2015. He is currently representing the State of Mississippi in a lawsuit challenging its religious-freedom law, with oral arguments scheduled in the Fifth Circuit for April 3, 2015.
Mr. Mitchell is licensed to practice in Texas, the District of Columbia, and Pennsylvania, as well as before the U.S. District Court for the District of Columbia and the U.S. District Courts for Northern, Southern, Eastern, and Western Districts of Texas. He is also licensed and has practiced before the Supreme Court and the U.S. Courts of Appeal for the D.C. Circuit, the Third Circuit, and the Fifth Circuit.
Boutique law and consulting firm focusing on disputes involving the State of Texas by providing clients with unmatched experience and expertise, gained from having served as Deputy Attorney General for the State of Texas, as Chief Operating Officer at Texas Health and Human Services Commission, and as the Chairman of the Board of the Texas Department of Information Resources to develop and deliver solutions.
Scott has also appeared on NBC Nightly News, the New York Times, PBS, Dallas Morning News, the National Law Journal, Texas Lawyer, Associated Press and numerous other state news shows and newspapers.
With the nations eyes focused on Amarillo, Texas and the civil trial of the decade involving Oprah Winfrey, CNN and Fox News turned to Scott for his legal opinion on both the trial and potential outcome. Scott's prediction proved prophetic. When Bill O'Reilly asked Scott for his thoughts on who would be victorious in the trial, Scott's prediction of Winfrey's win proved to be correct.
Procurement and Government Contracting
Textualism and the Fourteenth Amendment,
69 Stan. L. Rev. ___ (forthcoming) (2017)
Stare Decisis and Constitutional Text,
110 Mich. L. Rev. 1 (2011)
Reconsidering Murdock: State-Law Reversals as Constitutional Avoidance,
77 U. Chi. L. Rev. 1335 (2010)
Legislating Clear-Statement Regimes in National-Security Law,
43 Ga. L. Rev. 1059 (2009)
2006 Sup. Ct. Rev. 297