M. Miller Baker

M. Miller Baker

Partner, McDermott Will & Emery

Topics: Free Speech & Election Law • Litigation • Federalism & Separation of Powers

M. Miller Baker focuses his practice on complex civil litigation and serves as co-head of the Firm’s Appellate Practice Group. Miller has represented or advised clients in numerous appeals in federal and state courts involving a broad range of matters, including constitutional law, administrative law, state and federal tax, Employee Retirement Income Security Act (ERISA), patent, copyright, environmental law, food and drug act, Medicare, false claims, state and federal election law, class actions, preemption, federal practice and jurisdiction, unfair competition, antitrust, securities, bankruptcy and insurance coverage. He has argued before the US Supreme Court (three times, and winning each time), nine of the thirteen federal courts of appeals, state appellate courts in Florida, New York and Maryland, and the District of Columbia Court of Appeals. 

In trial court and administrative litigation, Miller has litigated complex civil cases in state and federal district courts in twenty-four states and the District of Columbia, in various federal agencies, and in the US Court of Federal Claims.   

Miller served previously as Judiciary Committee counsel to US Senator Orrin G. Hatch. During the final two years of the Reagan Administration, Miller served in the US Department of Justice, first as an attorney-advisor in the Office of Legal Policy and later as special assistant to the assistant attorney general for civil rights. Miller also served as an intelligence officer in the US Naval Reserve, and as a law clerk to a federal appeals court judge and a federal district court judge.

Miller has appeared on CNN, National Public Radio, FOX Business News, Bloomberg Television, and numerous other radio and television news shows around the country, and has been quoted in leading newspapers and journals in connection with constitutional matters. He has testified before the House and Senate Judiciary Committees on issues pertaining to continuity of government, particularly presidential succession.