Ayesha N. Khan is a seasoned trial and appellate litigator.  She has served as counsel in thirty-five U.S. Supreme Court cases, more than one hundred federal appellate proceedings, scores of federal district court cases, and dozens of state trial and appellate matters.

Prior to coming to Potomac Law, she was a Deputy Chief with the Appellate Section of the Civil Rights Division of the United States Department of Justice, where she represented the United States in appellate litigation before the federal courts of appeals and the Supreme Court of the United States.  Before that, she was the Legal Director of a national advocacy organization, overseeing a team of attorneys in a nationwide trial and appellate litigation practice.

Many of Ms. Khan’s cases have raised complex substantive and procedural questions involving the First Amendment, the Due Process and Equal Protection Clauses, state constitutional protections, state and federal statutory provisions, class-action practice, and 42 U.S.C. § 1983.  She has also represented business clients before trial courts, appellate tribunals, and arbitral institutions in a range of commercial disputes.  In addition, she has litigated criminal cases involving, among other things, human trafficking, civil rights conspiracies, habeas corpus protections, and the federal sentencing guidelines.

Ms. Khan’s wide-ranging litigation background enables her to represent a broad array of clients in cases involving common-law questions, statutory provisions, and constitutional issues of all kinds.  She prides herself on approaching each engagement with a fresh and creative eye, providing clients with a frank assessment of the merits of disputes, and scaling each representation to fit a client’s needs.

REPRESENTATIVE MATTERS

United States Supreme Court

Ms. Khan has represented litigants before the U.S. Supreme Court at both the merits and certiorari stages. Some of the cases in which she served as counsel to a party on the merits are as follows:

  • Univ. of Notre Dame v. Burwell (2016), a challenge to Affordable Care Act regulations regarding the provision of contraceptive insurance to employees of nonprofit organizations
  • Town of Greece v. S.G. (2014), a challenge to the delivery of sectarian prayers at town-council meetings
  • Zelman v. D.S. (2002), a case upholding the provision of educational vouchers to parochial schools
  • Lewis v. F.C. (1996), which established the level of legal access to which inmates are entitled
  • Sandin v. D.C. (1995), a procedural-due-process challenge to a prison’s disciplinary proceedings
  • D.F. v. Brennan (1994), which established the federal constitutional standard governing the housing assignments of transgender inmates

Ms. Khan has extensive experience with certiorari-stage briefing before the U.S. Supreme Court. The cases in which her team has successfully defeated petitions for certiorari include:

  • Elmbrook Sch. Dist. v. Does (2014), a challenge to holding a public-school graduation ceremony in a church
  • F.J. v. Forsyth Cnty. (2012), a challenge to the delivery of sectarian prayers at county-council meetings
  • A.P. v. Ky. Baptist Homes for Children (2011), a challenge to the provision of public funds to a religious institution
  • Borden v. Sch. Dist. (2009), a free-speech challenge to a school district’s policy banning a football coach from leading his team in prayer
  • K.S. v. Harris Cnty. (2007), a challenge to a courthouse Bible display
  • S.G. v. Moore, 540 U.S. 1000 (2003), a challenge to a Ten Commandments monument in the Alabama Judicial Building

Ms. Khan has served as counsel to an amicus curiae in more than twenty U.S. Supreme Court cases, including:

  • Ivy v. Morath (2016), an Americans with Disabilities Act challenge regarding deaf individuals’ access to private drivers’ education programs
  • Heffernan v. City of Paterson (2016), which held that the Free Speech Clause bars the demotion of an employee based on an erroneous perception of the employee’s support of a political candidate
  • Obergefell v. Hodges (2015), an Equal Protection and Due Process challenge to a law forbidding same-sex couples to marry
  • Walker v. Tex. Div., Sons of Confederate Veterans, Inc. (2015), a First Amendment challenge to a regulation prohibiting “offensive” specialty license plates
  • Holt v. Hobbs (2015), a prisoner’s challenge to a prohibition on facial hair
  • Burwell v. Hobby Lobby Stores (2014), a challenge to Affordable Care Act regulations requiring the provision of contraceptive insurance to employees of religious for-profit corporations
  • Hosanna-Tabor Evangelical Lutheran Church & Sch. v. Equal Emp’t Opportunity Comm’n (2012), a case involving the scope of the Americans with Disabilities Act
  • Christian Legal Soc’y v. Martinez (2010), a challenge to the exclusion of discriminatory clubs from a university’s student-club funding program
  • Pleasant Grove v. Summum (2009), a free-speech challenge to the denial of a group’s request to erect a monument in a public park
  • Hein v. Freedom from Religion Found. (2007), which held that taxpayers lacked standing to challenge disbursements by the federal executive branch
  • Sole v. Wyner (2007), which held that attorneys’ fees are unavailable under 42 U.S.C. § 1988 when a preliminary injunction is subsequently lifted
  • McCreary Cnty. v. ACLU and Van Orden v. Perry (2005), challenges to Ten Commandments displays in county courthouses and on a state capitol’s grounds
  • Cutter v. Wilkinson (2005), regarding the constitutionality of the Religious Land Use and Institutionalized Persons Act
  • Locke v. Davey (2004), a challenge to the denial of public funding for theology instruction
  • Good News Club v. Milford Cent. Sch. (2001), a free-speech challenge to a prohibition against religious meetings in elementary school
  • Santa Fe Indep. Sch. Dist. v. Doe (2000), a challenge to the delivery of prayer at high-school football games
  • Bd. of Regents of the Univ. of Wis. Sys. v. Southworth (2000), a free-speech challenge to the use of student activity fees to support political organizations espousing views with which contributors disagree

Federal Courts of Appeals

Ms. Khan has represented a party or an amicus curiae in more than one hundred federal-court appeals. Some of the cases in which she served as counsel to a party are as follows:

  • Wilson v. United States (8th 2016), regarding a defendant’s entitlement to file successive habeas corpus petitions under 28 U.S.C. § 2255 after being convicted and sentenced for criminal civil rights violations
  • United States v. Rushin (11th Cir. 2016), an appeal from the conviction of correctional officers under 18 U.S.C. § 241 & 242 for inmate beatings
  • Univ. of Notre Dame v. Sebelius (7th Cir. 2014), a challenge to Affordable Care Act regulations regarding the provision of contraceptive insurance to students
  • Challenges to the delivery of sectarian prayers at deliberative-body meetings, including S.G. v. Town of Greece (2d Cir. 2012), F.J. v. Forsyth Cnty., 653 F.3d 341 (4th Cir. 2011), and G.P. v. Cobb Cnty. (11th Cir. 2008)
  • Does v. Elmbrook Sch. Dist. (7th Cir. 2011-2012), a challenge to a public school’s practice of holding graduation ceremonies in a church
  • R.W. v. City of S. Bend (7th Cir. 2012), which involved the transfer of public land to a religious school
  • Challenges to students’ delivery of prayers in various public-school settings, including over a school’s intercom system and at graduation ceremonies, in C.S. v. Medina Valley Indep. Sch. Dist. (5th Cir. 2011), and Does v. Sch. Bd. of Ouachita Parish (5th Cir. 2001)
  • K.W. v. Wagner (9th Cir. 2011), a challenge to the delivery of prayers at community-college graduations, scholarship ceremonies, and other higher-education events
  • A.P. v. Ky. Baptist Homes for Children (6th Cir. 2009), a Title VII and Establishment Clause challenge to the termination of an employee by a publicly funded social-service provider
  • Challenges to Ten Commandments displays on government property, including J.C. v. City of Everett (9th Cir. 2008), K.S. v. Harris Cnty. (5th Cir. 2007), A.M. v. Allegheny Cnty. (3d Cir. 2004), and S.G. v. Moore, 335 F.3d 1282 (11th Cir. 2003)
  • Borden v. Sch. Dist. (3d Cir. 2008), a free-speech challenge to a school policy banning coach-led team prayers
  • Ams. United for Separation of Church & State v. Prison Fellowship Ministries (8th Cir. 2007), a challenge to a pervasively sectarian prison program 
  • C.S. v. Chesterfield County Bd. of Sup’rs (4th Cir. 2005), a First Amendment challenge to the exclusion of minority clergy from the list of persons eligible to offer prayers before official meetings
  • L.O. v. Hopper (11th Cir. 1994, 1997 & 1999), a Rehabilitation Act challenge to the segregation of HIV+ prisoners
  • B.W.C. v. Eberly (10th Cir. 1998), a challenge to an inmate’s conditions of confinement
  • L.H. v. Morial (5th Cir. 1998), a challenge to an order lifting a jail’s population caps
  • A.C. v. Cook (9th Cir. Jan. 16, 1998), a challenge by Native American and Muslim inmates to a prison’s denial of religious activities
  • E.H. v. Johnson (6th Cir. 1998), a challenge to a consent decree governing the delivery of medical care to inmates
  • Lewis v. F.C. (9th Cir. 1997), a statutory and Eleventh Amendment challenge to a requirement that litigants compensate a court-appointed special master

Ms. Khan has extensive experience representing clients as amici curiae in federal appellate cases. Some of the matters in which she has submitted friend-of-the-court briefs are as follows:

  • Watkins v. Sec’y Fla. DOC (11th Cir. 2016), a prisoner’s Religious Land Use and Institutionalized Persons Act challenge to the denial of kosher meals
  • Hassan v. City of New York (3d Cir. 2015), a challenge to governmental surveillance of Muslim organizations
  • Several challenges to governmental funding programs, including Trinity Lutheran Church v. Pauley (8th Cir. 2015), Sherman v. Illinois (7th Cir. 2012), Detroit Dev. Auth. v. Am. Atheists (6th Cir. 2009), Christian Univ. v. Weaver (10th Cir. 2008), and Eulitt v. Me. Dep’t of Educ. (1st Cir. 2004)
  • Over a dozen challenges to governmental displays, including Trunk v. City of San Diego (9th Cir. 2015), ACLU v. Dixie Cnty. (11th Cir. 2012), ACLU of Ohio Found. v. DeWeese (6th Cir. 2011), Green v. Haskell County Bd. of Comm’rs (10th Cir. 2009), and Cooper v. U.S. Postal Serv. (2d Cir. 2009)
  • Stormans v. Wiesman and Stormans v. Selecky (9th Cir. 2009 & 2015), a Free Exercise, Equal Protection, and Due Process Clause challenge to a regulation requiring pharmacies to dispense contraception
  • King v. Governor of N.J. (3d Cir. 2014), a free-speech, free-exercise, and substantive-due-process challenge to a prohibition on “sexual orientation change therapy” for minors
  • Freedom from Religion Found. v. City of Warren (6th Cir. 2013), a free-speech challenge to a city’s denial of an atheist organization’s request to erect a holiday display at a civic center
  • Over two dozen challenges to Affordable Care Act regulations regarding the provision of contraceptive-coverage to employees of religious for-profit corporations and nonprofit organizations (2013-2015)
  • Several challenges to the delivery of sectarian prayers at school-board, county-council, and other government meetings, including Atheists of Fla. v. City of Lakeland (11th Cir. 2013), Doe v. Indian River Sch. Dist., 653 F.3d 256 (3d Cir. 2011), Doe v. Tangipahoa Parish Sch. Bd. (5th Cir. 2007), and Wynne v. Town of Great Falls (4th Cir. 2004)
  • Ward v. Polite (6th Cir. 2012), a challenge to a public college’s termination of a student who refused to counsel LGBT students in a required practicum
  • Several Title VII challenges to the treatment of employees (or potential employees), including Spencer v. World Vision (9th Cir. 2011), and McCollum v. Cal. Dep’t of Corr. and Rehab. (9th Cir. 2011)
  • Cases involving the Fair Housing Act, including Intermountain Fair Hous. Council v. Boise Rescue Mission Ministries (9th Cir. 2011), and Tenafly Eruv Ass’n v. Borough of Tenafly (3d Cir. 2002)
  • Several cases regarding the delivery of religious messages and materials by public-school students, their families, and community groups, including S.M. v. Taconic Hills Central Sch. Dist. (2d Cir. 2013), Nurre v. Whitehead (9th Cir. 2009), Roark v. S. Iron R-1 Sch. Dist. (8th Cir. 2009), Busch v. Marple Newtown Sch. Dist. (3d Cir. 2009), and Doe v. S. Iron R-1 Sch. Dist. (8th Cir. 2007)
  • A.A. v. Needville Indep. Sch. Dist. (5th Cir. 2010), a Native American student’s challenge to the denial of an exemption from a public school’s grooming code
  • Equal Access Act and First Amendment challenges to the application of non-discrimination requirements to clubs in high schools and universities, including Christian Legal Soc’y v. Kane (9th Cir. 2009), and Truth v. Kent Sch. Dist. (9th Cir. 2008)
  • Challenges to the presentation of religious messages at sheriff’s department meetings, teacher trainings, and the Virginia Military Institute, in Milwaukee Deputy Sheriffs Ass’n v. Clarke (7th Cir. 2009), Warnock v. Archer (8th Cir. 2004), and Mellen v. Bunting (4th Cir. 2003)
  • Branch Ministries v. Rossotti (D.C. Cir. 2000), a challenge to the revocation of a church’s tax-exempt status for engagement in partisan political activity
  • Several cases regarding the delivery of religious messages and materials by public-school teachers, including Johnson v. Poway Unified Sch. Dist. (9th Cir. 2011), Child Evangelism Fellowship v. Stafford Twp. Sch. Dist. (3d Cir. 2004), and Child Evangelism Fellowship v. Montgomery Cnty. Pub. Schs. (4th Cir. 2004)
  • Tremblay v. County of Warren (3d Cir. 1997), regarding a municipality’s liability for the exposure of an inmate to physical harm

Federal District Courts

Ms. Khan has represented litigants in dozens of federal district court cases, including the following:

  • Scroggins v. HWM (D.D.C. 2017), a copyright-infringement action
  • J.S. v. Strange (S.D. Ala. 2015), a federal constitutional challenge to a law forbidding same-sex couples to marry
  • S.M. v. Martinez (D.N.J. 2015), a free-speech challenge to a motor-vehicle regulation allowing the rejection of “offensive” personalized license plates
  • Several challenges to religious displays on government property, including S.H. v. City of King (M.D.N.C. 2014-2015), J.C. v. City of Everett (W.D. Wash. 2005), R.C. v. City of Frederick (D. Md. 2005), S.G. v. Moore (M.D. Ala. 2002), T.O. v. City of Ringgold (N.D. Ga. 2002), and L.B. v. City of Manhattan (D. Kan. 1999)
  • Challenges to governmental boards’ and councils’ recitation of sectarian prayers, including R.P. v. Town of Brentwood (D. Md. 2013), B.M. v. Sussex Cnty. (D. Del. 2012), and S.G. v. Town of Greece (S.D.N.Y. 2010)
  • Challenges to the presentation of prayers and other religious messages at graduation ceremonies, in classrooms, and at other public-school events, including S. v. Medina Valley Indep. Sch. Dist. (W.D. Tex. 2011-2012), Doe v. Round Rock Indep. Sch. Dist. (W.D. Tex. 2007-2008), J.T.D. v. Bd. of Educ. of Kanawha Cnty. (S.D.W. Va. 2002), and Does v. Sch. Bd. of Ouachita Parish (W.D. La. 2001)
  • Challenges to the provision of public funding to private religious organizations, including R.W. v. City of S. Bend (N.D. Ind. 2011), J.B.C. v. District of Columbia (D.D.C. 2008-2011), B.C. v. Leavitt (W.D. Wash. 2007), C.M. v. Bradford Cnty. (M.D. Pa. 2006), and Doe v. Norton (D.D.C. 2004-2006)
  • R.S. v. Johnson Cnty. (E.D. Tenn. 2011-2012), a free-speech challenge to the rejection of posters in a public forum in a courthouse
  • K.W. v. Wagner (C.D. Cal. 2010-2012), a challenge to prayers at community-college graduations, scholarship ceremonies, and other official events
  • Challenges to the practice of holding public-school graduation ceremonies in churches, including Does v. Enfield Public Sch. (D. Conn. 2010-2012), Does v. Elmbrook Sch. Dist. (E.D. Wisc. 2010), D.M. v. Sch. Bd. of Brevard Cnty. (M.D. Fla. 2005)
  • T.S. v. Adams (D.S.C. 2009-2010), a challenge to a government-sponsored license plate with a religious messages
  • A.P. v. Ky. Baptist Homes for Children (W.D. Ky. 2008), a Title VII and Establishment Clause challenge to the termination of a lesbian employee by a publicly funded religious institution
  • C.S. v. Nicholson (W.D. Wis. 2006-2007), a challenge to the federal government’s denial of a Wiccan emblem for veterans’ grave markers
  • Challenges to the use of anti-evolution disclaimers and the teaching of Intelligent Design or creationism in the public schools, in J.S. v. Cobb Cnty. Sch. Dist. (N.D. Ga. 2006-2007), K.H. v. Newman (E.D. Cal. 2006), and T.K. v. Dover Area Sch. Dist. (M.D. Pa. 2005)
  • Ams. United for Separation of Church & State v. Prison Fellowship Ministries (S.D. Iowa 2006), a challenge to a pervasively sectarian prison program
  • C.S. v. Chesterfield County Bd. of Sup’rs (E.D. Va. 2003), a challenge to the exclusion of minority clergy from the list of people eligible to offer prayers before official meetings
  • Nat’l Org. for Women v. St. Petersburg (M.D. Fla. 2000-2001), a challenge to the sale of a public hospital to a Catholic consortium
  • L.O. v. Herring (M.D. Ala. 1995), a class-action challenge to the segregation of HIV+ prisoners
  • Women Prisoners v. Vernon (D. Idaho 1993-1998), a Title IX class-action challenge to a disparity in programming for male and female prisoners
  • Inmates of Occoquan v. Barry (D.D.C. 1993-1998), a class-action challenge to overall conditions in a D.C. prison
  • Public Utility Co. v. AEGIS, Ltd. (D.N.J. 1991-1993), an insurance-coverage dispute regarding environmental contamination liability

State Courts

Ms. Khan also has extensive experience representing litigants in state trial and appellate courts throughout the country. Some of the state court cases in which she served as counsel to a party or an amicus curiae are:

  • Cash v. LGE, Inc. (Ct. App. Ga. 2017), a Daubert challenge to the presentation of expert-witness testimony in a products-liability case
  • Clark v. Va. Dep’t of State Police (Va. 2016), a case regarding Congress’s authority under the War Powers Clauses to subject states to litigation under the Uniformed Services Employment and Reemployment Rights Act
  • Taxpayers for Pub. Educ. v. Douglas Cnty. Sch. Dist. (Colo. Dist. Ct. 2011, Colo. Ct. App. 2014 & Colo. 2015), and Cong. of Parents v. Owens (Colo. 2004), challenges to the provision of educational vouchers to parochial schools
  • Masterpiece Cakeshop v. Craig (Ct. App. Colo. 2015), a free-speech and free-exercise challenge to a state statute prohibiting sexual-orientation-discrimination against customers
  • J.M. v. Scott (Fla. Cir. Ct. 2014), a challenge to the provision of tax credits for parochial-school tuition
  • B.D. v. New Hampshire (N.H. Super. Ct. 2013 & N.H. 2014), a challenge to a program providing scholarships for religious education
  • ACLU of N.J. v. Hendricks (N.J. Super. Ct. 2013), a challenge to the provision of construction grants to theological institutions
  • M.S. v. Browning (Fla. Cir. Ct. 2011), a challenge to a proposed constitutional amendment to repeal a state’s “Blaine Amendment”
  • A.F. v. Browning (Fla. Cir. Ct. 2008 & Fla. 2008), a challenge to a ballot initiative repealing a state constitutional provision prohibiting the funding of parochial education
  • Bush v. R.H. (F Cir. Ct. 2002, Fla. Dist. Ct. App. 2000, Fla. Dist. Ct. App. 2004, Fla. 2001 & Fla. 2006), challenges to the provision of educational vouchers to parochial schools
  • Univ. of the Cumberlands v. Pennybacker (Ky. 2010), a challenge to the public funding of a building at a religious college
  • Louis Univ. v. Masonic Temple (Mo. 2007), a challenge to tax-increment financing
  • Va. Coll. Bldg. Auth. v. Lynn (Va. Circuit Ct. and Va. 2000), a challenge to bond financing
  • R.B. v. Raymond Sch. Dep’t (Me. 1999), a challenge to a voucher statute’s exclusion of religious schools
  • J.Y. v. Charleston Cnty. (S.C. Ct. of Common Pleas 1999), a challenge to a Ten Commandments display in a County Council’s chambers
  • W.W. v. Miss. (Miss. 1992), a habeas corpus proceeding arising from a death-penalty conviction

Other Venues

  • JDA Software, Inc. v. Furniture Retailer (Am. Arbitration Ass’n 1991-1993), a business-tort and contract dispute between a software company and a furniture retailer
  • A.C. v. IACI (Iran-U.S. C.T.R. 1991-1993), a breach-of-contract action involving heavy equipment stranded in the U.S. after Iran’s 1979 revolution

PREVIOUS EXPERIENCE

  • Deputy Chief, U.S. Department of Justice, Civil Rights Division, Appellate Section
  • Legal Director, Americans United for Separation of Church and State
  • Staff Counsel, American Civil Liberties Union
  • Associate, Covington & Burling

COMMUNITY INVOLVEMENT

  • Mentor, Mentor/Mentee Program, Bar Association of Montgomery County, Maryland
  • Volunteer, National Center for Children & Families
  • Sunday School Teacher & Member, Washington Ethical Society, Washington, DC
  • Volunteer, Bradley Hills Elementary School, 2009-2015
  • Founder & Co-Leader, Insight Family Community of Greater Washington, 2009-2012

MEMBERSHIPS AND AFFILIATIONS

  • DC Bar Association
  • Maryland State Bar Association
  • Bar Association of Montgomery County, Maryland
  • Women’s Bar Association
  • South Asian Bar Association
  • National Asian Pacific American Bar Association
  • International Municipal Lawyers Association
  • Maryland Association for Justice

SPEAKING ENGAGEMENTS, PUBLICATIONS & MEDIA APPEARANCES

Speaking Engagements

  • Panelist, “U.S. Supreme Court Roundup,” State and Local Legal Center, Washington, DC, July 13, 2017
  • Speaker, “From Vampires to Camel Jockeys: War Stories from an Appellate Practice,” Lunch and Learn Series, Potomac Law Group, Washington, DC, May 29, 2017
  • “Panelist, “Prayer, Prisons, and Public For a: Flashpoints at the Intersection of Religion and Municipal Practice,” International Municipal Lawyers’ Association Annual Seminar, Washington, DC, Apr. 23, 2017
  • “Stories from Section Deputy Chief Khan’s Career,” Civil Rights Division, Continuing LegalEducation Brown Bag Series, October 15, 2015
  • “At a Crossroads: The Intersection Between Religious Liberties and Nondiscrimination Principles,” Presented to U.S. Commission on Civil Rights, Washington, DC, March 22, 2013
  • “Briefing on Christian Legal Society v. Martinez,” American Constitution Society, Washington, DC, April 7, 2010
  • “Blazing a Career Path in Social Justice,” Women’s Law & Public Policy Fellowship Program Seminar, Georgetown University Law Center, Washington, DC, December 7, 2009
  • “Briefing on Pleasant Grove City v. Summum,” American Constitution Society, Washington, DC, November 6, 2008
  • “The Constitutionality of Vouchers,” Boston College Law School, Boston, MA, January 23, 2002
  • “The First Amendment and the Public Schools,” First Amendment Center, Washington, DC, November 3, 2001
  • Advanced Constitutional Law, Washington College of Law, American University, Washington, DC, October 25, 2001
  • Washington Semester Program, American University, Washington, DC, March 23, 2000
  • “Prison Litigation”, Section 1983 Annual Seminar, Georgetown University Law Center, Washington, DC, March 27, 1998
  • “Issues in Prison Litigation,” National Prison Project Annual Conference, Washington, DC, October 30-31, 1997
  • “Prison Litigation,” American Civil Liberties Union National Biennial Conference, Santa Fe, NM, June 6, 1997, September 1996
  • “Prison Litigation,” American University, Criminal Justice Semester, Washington, DC, February 1997 and 1996
  • “Rights of Prisoners,” DC Bar Public Service Activities Corporation, Washington, DC, January27, 1997
  • “Civil and Criminal Responses to Domestic Violence,” DC Bar Annual Conference, Washington, DC, June 1991

Publications

  • The Butcher, the Baker, the Candlestick Maker: When Nondiscrimination Principles Collide with Religious Freedom, Maryland Bar Journal, July/Aug. 2017 issue
  • “Damned if You Do, Damned if You Don’t: The Pitfalls of Complying with the Establishment Clause, Municipal Lawyer, May/June 2017 issue
  • “Hobby Lobby Symposium: Your God Is Bigger Than My God,” available at http://www.scotusblog.com/2014/06/hobby-lobby- symposium-your-god-is-bigger-than-my-god/, June 2014
  • “Not Taking Yes for an Answer: Hobby Lobby, Conestoga Wood and the University of Notre Dame,” available at http://www.jurist.org/hotline/2014/05/ayesha-khan-aca-contraception.php, May 2014
  • “At a Crossroads: The Intersection Between Religious Liberties and Nondiscrimination Principles,” in PEACEFUL COEXISTENCE? RECONCILING NON-DISCRIMINATION PRINCIPLES WITH CIVIL LIBERTIES (U.S. Commission on Civil Rights ed., 2013)
  • “Holy Headache: Is Bufferin’ an Adequate Prescription for the Rev. Phelps?,” 2010 CARDOZO L. REV. DE NOVO 388 (2010) (lead author, with Michael Blank)
  • “Attorney Fees under the Prison Litigation Reform Act: Interpretations and Challenges,” 13 CIVIL RIGHTS LITIGATION AND ATTORNEY FEES (Clark Boardman Callaghan Pub., Steve Saltzman ed., 1997)
  • “The Application of Section 504 of the Rehabilitation Act to the Segregation of HIV-Positive Inmates,” 65 WASH. L. REV. 839 (1990)

Media Appearances

Ms. Khan is often called upon by media outlets to provide commentary on legal issues relevant to her litigation practice and many of her cases have garnered extensive media coverage. She has appeared on numerous national and local news programs, including ABC World News Tonight, NBC Nightly News, MSNBC’s Hardball with Chris Mathews, Fox TV’s O’Reilly Factor, and CNN’s Prime News and The World Today. She has also been interviewed on dozens of national and local radio programs, including NPR’s Morning Edition and All Things Considered. In addition, she has been quoted in The Washington Post, The New York Times, Int’l Herald Tribune, The Atlanta Journal-Constitution, The Chicago Tribune, and dozens of regional newspapers.

Education

  • Berkeley Law, J.D.,
    Order of the Coif, 1989,
    California Law Review, Berkeley Women’s Law Journal, Articles Editor
  • University of Michigan at Ann Arbor A.B., Highest Distinction, James B. Angell Scholar, 1984

Clerkship

United States District Court for the Northern District of California, The Honorable Charles A. Legge, 1989-1990

Admissions

  • Maryland Bar (and all Maryland courts)
  • District of Columbia Bar (and all DC courts)
  • California Bar (inactive)
  • Supreme Court of the United States
  • United States Court of Appeals for the Eleventh Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the D.C. Circuit
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the District of Columbia