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Joel McElvain is a partner in our healthcare practice. He has over twenty years of experience as a litigator with the Department of Justice (DOJ), having handled some of the DOJ’s most complex and challenging civil matters.  As an Assistant Branch Director in the Department’s Federal Programs Branch, he supervised the defense of the Department of Health and Human Services in cases challenging agency programs under the Medicare and Medicaid statutes, the Affordable Care Act, and other statutes.

Joel was part of the team of attorneys at DOJ that successfully defended the constitutionality of the ACA in National Federation of Independent Business v Sebelius, 567 U.S. 519 (2012), and that successfully defended an important regulation addressing the ACA’s system of health insurance subsidies in King v. Burwell, 135 S. Ct. 2480 (2015).  He also briefed and argued numerous cases arising under the Medicare Act in the federal district courts and courts of appeals. 

In 2013, Joel and his team received the Attorney General's Award for Exceptional Service for the successful defense of the ACA in NFIB, which the Justice Department called a "landmark piece of legislation."  Joel also received the Civil Division’s Michael F. Hertz Award for Exceptional Professionalism and Outstanding Performance in 2014 for his work in King and other cases.

Full Bio

Credentials

J.D., Harvard Law School, magna cum laude

B.A., Williams College, magna cum laude

California

District of Columbia

Supreme Court of the United States

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Federal Claims

U.S. District Court for the District of Columbia

Judicial Clerk, the Honorable Danny J. Boggs, U.S. Court of Appeals for the Sixth Circuit

American Bar Association, Administrative Law & Regulatory Practice Section

American Health Lawyers Assoication

Attorney General’s Award for Exceptional Service, the Department of Justice’s highest award for employee performance


2013

Michael F. Hertz Memorial Award for Exceptional Professionalism and Outstanding Performance


2014

Department of Justice, Civil Division, Special Commendation Awards


2007, 2010, and 2012

National Institute of Health Director’s Award


2011

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Recognition

Attorney General’s Award for Exceptional Service, the Department of Justice’s highest award for employee performance


2013

Michael F. Hertz Memorial Award for Exceptional Professionalism and Outstanding Performance


2014

Department of Justice, Civil Division, Special Commendation Awards


2007, 2010, and 2012

National Institute of Health Director’s Award


2011

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March 11, 2019
Health Headlines March 11, 2019

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Credentials

J.D., Harvard Law School, magna cum laude

B.A., Williams College, magna cum laude

California

District of Columbia

Supreme Court of the United States

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Federal Claims

U.S. District Court for the District of Columbia

Judicial Clerk, the Honorable Danny J. Boggs, U.S. Court of Appeals for the Sixth Circuit

American Bar Association, Administrative Law & Regulatory Practice Section

American Health Lawyers Assoication

Attorney General’s Award for Exceptional Service, the Department of Justice’s highest award for employee performance


2013

Michael F. Hertz Memorial Award for Exceptional Professionalism and Outstanding Performance


2014

Department of Justice, Civil Division, Special Commendation Awards


2007, 2010, and 2012

National Institute of Health Director’s Award


2011

Icon close

Close

Recognition

Attorney General’s Award for Exceptional Service, the Department of Justice’s highest award for employee performance


2013

Michael F. Hertz Memorial Award for Exceptional Professionalism and Outstanding Performance


2014

Department of Justice, Civil Division, Special Commendation Awards


2007, 2010, and 2012

National Institute of Health Director’s Award


2011