They’ve Got Next: The 40 Under 40 - Katie Wellington of Hogan Lovells

Please describe two of your most substantial, recent wins in practice.

I had the honor of representing Common Cause in the Supreme Court in the seminal election law case Moore v. Harper. We were fighting for the most basic principles of democracy—the ability of the people of each state to dictate through their state constitutions how elections would be run.

The other side was asking the Supreme Court to adopt the “independent state legislature” theory, which would have allowed state legislatures to override their own state constitutions. Most people thought we couldn’t win, even people who supported us. But we fought hard, and we won a resounding 6-3 victory in the Supreme Court.

I’m particularly proud that our team had the courage to ask the Supreme Court to decide the issue even after others argued the case was moot. We came up with a novel argument on that question that ultimately won the case.

I am also really proud of our 5-4 victory in the Supreme Court in the death penalty case Cruz v. Arizona—another case no one thought we could win. In that case too, we were fighting for the most basic constitutional principles, arguing that they applied even in a death penalty case.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

The most important lesson I learned in my first year as a litigator was how to tell a story. Many of our cases are really complicated — they involve incredibly technical questions on topics ranging from high-frequency trading to underground aquifers.

The record may be thousands of pages long and involve dozens of acronyms. And when the case goes up on appeal, the appellate court may not have any real familiarity with the subject matter or even the legal framework.

To win on appeal, the key is to turn a case that is really dry and technical into a compelling narrative. That’s not easy. It takes many, many drafts to get it right. Explaining a technical subject in plain terms — and then convincing the court that ruling for your client is not only correct, but imperative — is one of the hardest things to achieve as a lawyer, and it’s my goal in every case.

One of the most rewarding feelings as an appellate lawyer is taking a last read through a brief right before filing, and realizing that it tells exactly the right story for the client and for the court. That’s what I work to achieve in every case, from the first case I litigated to the cases I’m litigating right now.

How do you define success in your practice?

As a litigator, one measure of success will always be winning in the courtroom. But there are many other important yardsticks for success. Success is balancing my passion for my clients with spending time with my two young kids and volunteering with my local mom’s group.

Success is supporting my colleagues as they take on new challenges, whether it’s flying out to Cincinnati to help an associate with his first oral argument in the Sixth Circuit, or cheering on my fellow partner’s first Supreme Court argument. Success is meeting a new potential client, and realizing I can help them with a problem they’re trying to solve.

Success is analyzing the latest issue before the Supreme Court, and providing insight on how the Supreme Court might rule and what it might mean for individuals or industries. Success is thinking about how to make our firm — and the legal industry — more welcoming and more sustainable for attorneys from many different walks of life, including by serving as a mentor and a resource on work-life balance.

At the end of my career, I hope that I can look back not only on the wins in the courtroom, but also the impact I’ve had on my firm, my community, and my family.

What are you most proud of as a lawyer?

When I walked into the Supreme Court each morning as a law clerk, I was inspired by the words carved into the front of the Supreme Court building, “Equal Justice Under Law.” What I’m most proud of as a lawyer is working to make that a reality. For me, equal justice under law means upholding the promises of our constitution and our democracy.

The Cruz v. Arizona case that we won in the Supreme Court last year is a great example of that. We argued successfully that the Arizona Supreme Court wasn’t affording death row inmates the constitutional protections guaranteed by the Constitution.

The Moore v. Harper case is another example, where we fought for basic constitutional principles stretching back to the Founding that ensure the people of each state have a say, through their state constitutions, on how elections take place in that State.

We recently took on the case of Ashtian Barnes, where we are fighting to uphold basic Fourth Amendment principles against the excessive use of force by a police officer in a really tragic case where a motorist was killed in a routine traffic stop over a toll violation. We’re hoping to take that case to the Supreme Court. It’s cases like these where I’m really proud to be a lawyer and make a difference.

Who is your greatest mentor in the law and what have they taught you?

I have two amazing mentors at Hogan Lovells, Neal Katyal, and Cate Stetson. Neal taught me the value of hard work—I have never met a lawyer who fights harder for his clients. When Neal argues in court, he doesn’t set up just one or two moot courts. He sets up seven, or eight, or nine, or more.

He asks everyone he knows to moot him, to ask him the toughest questions, and to give him intense criticism. He takes all of that feedback and uses it to take his argument to the next level.

It’s inspiring to see him put in so much work and to get such great results at any court, including the Supreme Court. Cate is equally amazing, one of the preeminent women oral advocates in the country. We worked together on Citadel Securities LLC v. SEC,a really important case in the D.C. Circuit about high-frequency trading, where we won The American Lawyer’s Litigators of the Week award.

Cate’s argument in that case literally “broke the internet.” Tens of thousands of people watched it on YouTube and then tweeted about it. Cate has an incredible ability to distill the most technical topic into a compelling story that really moves the court. Her advocacy inspires me, and I deeply appreciate her mentorship as I’ve grown as an oral advocate.

Tell us your two favorite songs on your summer music playlist.
My four-year-old daughter’s favorite song is “Thunderstruck” by AC/DC, and my 6-year-old son is a total Swiftie who loves “22.” Those will be at the top of my family’s summer playlist!

Katie Wellington of Hogan Lovells with her husband, daughter, and son picking tulips at Ferjulian’s Farm in Hudson, Massachusetts.

Katie Wellington of Hogan Lovells and Jonathan Hurtarte / Bloomberg Law