Erin E. Murphy is a partner at Bancroft PLLC. Her practice focuses on Supreme Court, appellate, and constitutional litigation. Ms. Murphy has worked on numerous significant matters in the Supreme Court and successfully argued McCutcheon v. FEC, in which the Court held the federal aggregate limits on campaign contributions unconstitutional. Ms. Murphy also has argued before several Courts of Appeals on important constitutional and other questions, including the scope of the Second Amendment, the Recess Appointments Clause, the Ex Post Facto Clause, and the National Labor Relations Act. Ms. Murphy has briefed high-profile Supreme Court cases such as the landmark challenge to the Affordable Care Act, Bond v. United States, and American Broadcasting Companies v. Aereo. The National Law Journal has named her one of its “Outstanding Women Lawyers” and a “Rising Star,” and she was recognized as American Lawyer’s litigator of the week for her victory in McCutcheon. Ms. Murphy’s extensive appellate experience includes work on a wide range of civil and criminal topics, including First Amendment, Second Amendment, Fifth Amendment, Seventh Amendment, Due Process Clause, federalism, securities, energy, copyright, labor, tax, communications, and complex administrative law issues.
Ms. Murphy is a member of the Edward Coke Appellate Inn of Court and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. She has appeared on national television to discuss the Supreme Court on multiple occasions, and her work on McCutcheon and the Affordable Care Act litigation has been featured in several news and other publications. Before joining Bancroft, Ms. Murphy served as a law clerk to Chief Justice John G. Roberts, Jr., of the Supreme Court of the United States and Judge Diane S. Sykes of the U.S. Court of Appeals for the Seventh Circuit. Between clerkships, she served as a Bristow Fellow in the Office of the Solicitor General, and afterward, she worked in the national appellate practice of King & Spalding.
Ms. Murphy graduated magna cum laude from Georgetown University Law Center, where she served as Managing Editor of the Georgetown Law Journal’s Annual Review of Criminal Procedure. She earned her undergraduate degree from Northwestern University’s Medill School of Journalism and is a native of Naperville, Illinois.