Michael H. McGinley is counsel at Bancroft PLLC. His practice focuses on appellate litigation and strategic counseling.
Mr. McGinley has experience representing clients at each level of the federal courts, as well as in numerous federal agencies and state courts. He has authored briefs, motions, and administrative submissions on a wide range of issues, including federal jurisdiction, Chevron deference, preemption, the Federal Arbitration Act, voting rights, free speech, and religious freedom. In addition to those written filings, Mr. McGinley has cross-examined an adverse party in federal court, conducted a number of depositions, and advised corporate clients on strategic and compliance-based matters.
Mr. McGinley also maintains an active pro bono practice. He has represented immigrants before the Supreme Court of the United States and the federal courts of appeals, and has secured appellate victories for individuals seeking protection under the Convention Against Torture.
Mr. McGinley previously served as a law clerk to Justice Samuel A. Alito, Jr., of the Supreme Court of the United States, and Judge Neil M. Gorsuch, of the United States Court of Appeals for the Tenth Circuit. He also practiced at Jones Day from 2010 to 2012.
Mr. McGinley graduated from Harvard Law School, where he served as the Supreme Court Chair of the Harvard Law Review and as an Assistant Articles Editor of the Harvard Journal of Law & Public Policy. He earned his undergraduate degree from the University of Notre Dame, where he received the Willis D. Nutting Award for the Program of Liberal Studies student who contributed the most to the education of his peers.
Mr. McGinley has published several scholarly works, including Textualism as Fair Notice, 123 Harv. L. Rev. 542 (2009), which has been cited in other journals including the University of Chicago Law Review.