Stephen R. McAllister

Stephen R. McAllister, Of Counsel

Lawrence, Kansas Attorney

Steve is a graduate of the University of Kansas (B.A. 1985) and the University of Kansas School of Law (J.D. 1988). He was admitted to the Illinois Bar in 1989, the District of Columbia Bar in 1991, and the Kansas Bar in 1993. Steve was inducted into the Kansas chapter of the Order of the Coif.

Steve served as a law clerk to Judge Richard Posner of the 7th Circuit U.S. Court of Appeals from 1988-89, and then clerked for U.S. Supreme Court Justice Byron White from 1989-91, and for U.S. Supreme Court Justice Clarence Thomas from 1991-92. Steve worked as an associate for Gibson, Dunn & Crutcher, located in the District of Columbia, from 1992-93, handling constitutional and appellate matters.

Steve has been on the faculty of the University of Kansas School of Law since 1993, and he was Dean from 2000-05. In addition, he served as Interim Director of the Dole Institute of Politics from 2003-04. Steve served as Kansas State Solicitor from 1999-2003, as Counsel to the Kansas Legislature through the Legislative Coordinating Council during 2006-07, and in 2007 he assumed the role of Solicitor General of Kansas, working with the Attorney General’s office on constitutional matters. For six years he was a Trustee of the U.S. Supreme Court Historical Society, he served six years on the Judicial Conference Advisory Committee on the Federal Appellate Rules, is a member of the American Bar Foundation Fellows, and he is an elected member of the American Law Institute (ALI). For the ALI, Steve currently serves as an Adviser on two projects: (1) Election Dispute Resolution; and (2) the Law of American Indians.

Steve has handled numerous constitutional and statutory appeals in a variety of courts, including several appearances in the Supreme Court of the United States, appearances in the U.S. Courts of Appeal for the Second, Eighth, and Tenth Circuits, and appeals in the Kansas Supreme Court and Court of Appeals. Representative cases in which Steve has appeared include the following:

  1. Steve is Counsel of Record in the appeal by the State of Kansas to the U.S. Supreme Court in the capital case of Kansas v. Cheever, No. 12-609 (pending).
  2. Steve is lead appellate counsel in the State’s appeal to the Kansas Supreme Court in the most recent school finance litigation, Gannon v. Kansas.
  3. Steve will be assisting the State of Kansas in its briefing and argument in the U.S. Supreme Court following the final report of the Special Master in Kansas v. Nebraska, a case involving an interstate dispute over water usage in the Republican River basin.
  4. Steve was counsel of record on an amicus brief on behalf of the New York City Employees Retirement System filed in the U.S. Supreme Court in Amgen , Inc. et al v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (pending).
  5. Steve was Co-Counsel on a Petition for a Writ of Certiorari in Morrison Enterprises, LLC v. Dravo Corp., No. 11-30 (Supreme Court of the U.S.).
  6. Steve filed a multi-association Amici Curiae Brief in NATSO, Inc. v. 3 Girls Enterprises, Inc., No. 11-350 (Supreme Court of the U.S.) on behalf of the American Society of Association Executives, the National Federation of Independent Business, the Pharmaceutical Research and Manufacturers of America, the National Association of Manufacturers and others in support of a petition for writ of certiorari.
  7. Working for Kansas in his role as Solicitor General, Steve also led the effort to file a state amicus brief in the Supreme Court of the United States in support of the Respondent in Astra USA, Inc. v. Santa Clara County, No. 09-1273, a case that also will be argued in February, 2011.
  8. On November 10, 2010, Steve was appointed by the Supreme Court of the United States to defend the judgment in Bond v. United States, No. 09 – 1227, a case raising important constitutional issues. Steve argued at the Supreme Court in February, 2011.
  9. With Todd Thompson, Steve represented the Kansas Judicial Nominating Commission members before the U.S. District Court in the successful defense of a suit challenging the constitutionality of the Kansas system for selecting appellate judges. (Dool v. Burke) (D. Kan. Nov. 3, 2010). The plaintiffs appealed to the Tenth Circuit, Steve defended the District Court’s ruling in an oral argument in Denver on September 12, 2011, and the Tenth Circuit affirmed the District Court ruling in our clients’ favor in September 2012.  The U.S. Supreme Court denied further review of the case on January 22, 2013, concluding the case in our clients’ favor.
  10. Represented the State of Kansas in the Supreme Court of the United States in Kansas v. Ventris, No. 07-1356 (primary brief writer and presented oral argument for Kansas on Jan. 21, 2009). Kansas prevailed, by a 7 – 2 vote, on April 29, 2009.
  11. Argued for the State of Kansas in the Kansas Supreme Court in a case involving the funeral picketing law (State of Kansas ex rel. Morrison v. Sebelius) (2007).
  12. Argued for the State of Kansas in In re L.M. in the Kansas Supreme Court, regarding whether there is a constitutional right to a jury trial in juvenile cases (Oct. 25, 2007).
  13. Argued for the State of Kansas in State v. Scott in the Kansas Supreme Court, regarding the constitutionality of the Kansas capital punishment statute (Sept. 4, 2007).
  14. Successfully argued for the State of Kansas in school finance litigation (State v. Montoy) (June 2006).
  15. Drafted numerous other cert. petitions and amicus briefs filed in the Supreme Court.
  16. Successfully argued appeals before the U.S. Court of Appeals for the Eighth Circuit, and in the U.S. Court of Appeals for the Tenth Circuit en banc.
  17. Drafted the petition for a writ of certiorari, drafted all merits briefs, and argued the cause for Kansas in McKune v. Lile, 536 U.S. 24 (2001).
  18. Drafted the petition for a writ of certiorari, drafted all merits briefs, and second-chaired the oral argument for Kansas in Kansas v. Crane, 534 U.S. 407 (2001).
  19. Drafted the petition for a writ of certiorari and the merits briefs in United States v. Sun-Diamond Growers of California, 526 U.S. 398 (1999), for petitioner United States / Independent Counsel Don Smaltz.
  20. Drafted the merits briefs and argued the cause for the petitioner in Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999).
  21. Drafted the petition for a writ of certiorari, drafted all merits briefs, and second-chaired the oral argument for Kansas in Kansas v. Hendricks, 521 U.S. 346 (1997).
  22. Argued the cause for the petitioners in O’Gilvie v. United States, 519 U.S. 79 (1996)

Education

  • University of Kansas, B.A., 1985

  • University of Kansas School of Law, J.D., 1988

Bar Admissions

  • Kansas

  • Illinois

  • District of Columbia

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