Jenner & Block

Benjamin Eidelson is an associate in the Appellate and Supreme Court practice.  He has been the primary author of numerous appellate briefs and critical motions in federal and state courts, with a focus on complex questions of constitutional law, administrative law, and statutory interpretation.

Mr. Eidelson has served as the lead associate on cases in the U.S. Supreme Court, other federal and state appellate courts, federal district courts, and administrative agencies. His experience spans a variety of substantive areas, with a particular emphasis on complex questions of constitutional law, administrative law, and statutory interpretation. His recent matters include a challenge to the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program; a putative class action on behalf of homeowners who suffered government-induced flooding in connection with Hurricane Harvey; a challenge to the State of California’s diversion of foreclosure relief funds; and an appeal of a contempt finding barring a restaurant worker and her attorneys from pursuing a wage-and-hour claim.

Mr. Eidelson also has an active pro bono practice, including representing asylum-seekers, other immigrants, and federal habeas petitioners in appeals before federal courts and the Board of Immigration Appeals. He recently argued an appeal in the D.C. Circuit on behalf of Yemeni and Iranian families who won the “diversity lottery” for immigrant visas, but whose visa applications were not processed because of President Trump’s executive order barring entry by nationals of Yemen, Iran, and other countries.

Mr. Eidelson clerked for Justice Elena Kagan of the U.S. Supreme Court and for Chief Judge Merrick B. Garland of the United States Court of Appeals for the D.C. Circuit.  He received his J.D. in 2014 from Yale Law School, where he served as the Editor-in-Chief of the Yale Law Journal and as a student director of the Supreme Court Advocacy Clinic. Before law school, Mr. Eidelson received his B.A., summa cum laude, from Yale College, and his D. Phil. in Philosophy from the University of Oxford, where he studied as a Rhodes Scholar.

Mr. Eidelson is the author of Discrimination and Disrespect, published by Oxford University Press in 2015. He continues to write in legal theory and related fields.