Heritage Expert

Andrew Grossman

Andrew M. Grossman is a visiting legal fellow in The Heritage Foundation’s Center for Legal and Judicial Studies, where he researches and writes about law and finance, bankruptcy, national security law and the constitutional issue of separation of powers.

Grossman is a frequent adviser to Congress on complex legal and policy issues, particularly concerning constitutional limitations on federal power. He has testified numerous times before both the House and Senate judiciary committees.

In addition to articles in journals and professional publications, Grossman’s legal commentary has appeared in dozens newspapers and periodicals, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and the online journals Homeland Defense Journal, Class Action Watch and CQ Researcher, among others.

He is a regular commentator on legal issues on radio and television, having appeared on Fox News Channel, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere.

Outside Heritage, Grossman is a litigator in the Washington office of the global law firm Baker & Hostetler. He has represented states in challenges to the constitutionality of federal statutes and the legality of federal environmental regulations. He also is active in commercial litigation.

He has participated in cases before the Supreme Court by authoring or contributing to certori-stage filings, merits briefs and amicus briefs and by “mooting” top Supreme Court litigators and state solicitors general before they make their oral arguments.

Grossman originally joined Heritage in 2003, rising from writer, editor and general analyst to senior legal policy analyst. Before his departure in 2009, he researched and wrote about issues as diverse as bankruptcy and “overcriminalization.”

In 2007, the Burton Foundation and the Library of Congress presented Grossman with the Burton Award for Legal Achievement, citing his research on federal evidentiary law and Internet communications technologies.

He is a graduate of the George Mason University School of Law, where he received the Adrian S. Fischer Award for Student Research and the Betty Southard Murphy Award for Constitutional Law. He also served as senior articles editor of George Mason Law Review and was a judicial clerk to Chief Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit.

Grossman received his master's degree in government from the University of Pennsylvania and his bachelor's degree in economics and anthropology from Dartmouth College, where he edited The Dartmouth Review.

He currently resides in Washington, D.C.

All Publications by Andrew Grossman
  • Issue Brief posted May 22, 2012 by Andrew Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an…

  • Backgrounder posted November 16, 2011 by James Sherk, Andrew Grossman Unintended Consequences: Allowing the Unemployed to Sue Would Destroy Jobs

    Abstract: With a high unemployment rate and a struggling economy, passing legislation that discourages job creation would seem counterintuitive. And yet, by pushing for the Fair Empolyment Opportunity Act (FEOA) this is precisely what President Obama and some Members of Congress propose. The FEOA…

  • WebMemo posted August 1, 2011 by Andrew Grossman High on Ozone: The EPA’s Latest Assault on Jobs and the Economy

    The U.S. economy won a temporary reprieve with the Environmental Protection Agency’s (EPA) announcement last week that new ozone standards, which had been slated for this summer, will be delayed. The EPA’s “reconsideration” of the ozone standards it set in 2008 and issuance of more stringent standards violate all three…

  • Legal Memorandum posted July 11, 2011 by Andrew Grossman The Fourteenth Amendment Is No Blank Check for Debt Increases

    Abstract: A clause of the Fourteenth Amendment to the United States Constitution provides, “The validity of the public debt of the United States…shall not be questioned.” Far from authorizing the President to incur more debt—a power vested solely in Congress—this clause bars Congress from repudiating debt that it has…

  • Legal Memorandum posted May 24, 2011 by Andrew Grossman Don’t Be Misled on Reauthorization of Anti-Terrorism Tools

    Abstract: The three anti-terrorism tools scheduled to sunset on May 27, 2011—the authority to conduct “roving” wiretaps of terrorist suspects, to obtain “business records” relating to terrorism investigations, and to conduct surveillance…

  • Legal Memorandum posted October 6, 2009 by Hans von Spakovsky, Andrew Grossman Another Sarbanes-Oxley: Threatening Small Businesses with the"Beneficial" Ownership Bill

    Revised and updated October 15, 2009 Abstract: At a time when the American economy can least afford it, entrepreneurs and small-business owners are under siege. The Incorporation Transparency and Law Enforcement Assistance Act (ITLEAA)--currently under consideration in Congress--would subject small businesses to a series of complicated and burdensome reporting requirements. These new requirements are reminiscent to those…

  • Special Report posted August 17, 2009 by Charles Stimson, Andrew Grossman Adult Time for Adult Crimes: Life Without Parole for Juvenile Killers and Violent Teens

    Table of Contents: Executive Summary Introduction Chapter 1: Sentencing Under Siege Chapter 2: Manufacturing Statistics: 19-Year-Old "Juveniles" Chapter 3: The U.S. Has a Juvenile Crime Problem Chapter 4: Life Without Parole for Juvenile Offenders In …

  • Legal Memorandum posted July 27, 2009 by Andrew Grossman The Unlikely Orchid Smuggler: A Case Study in Overcriminalization

    George Norris, an elderly retiree, had turned his orchid hobby into a part-time business run from the greenhouse in back of his home. He would import orchids from abroad--South Africa, Brazil, Peru--and resell them at plant shows and to local enthusiasts. He never made more than a few thousand dollars a year from his…

  • Legal Memorandum posted July 13, 2009 by Andrew Grossman The State Secret Protection Act Is Not Like the Classified Information Procedures Act (CIPA)

    Supporters of the State Secret Protection Act (H.R. 984, SSPA) regularly claim that its limitations on the state secrets privilege are analogous to those in the Classified Information Procedures Act (CIPA).[1] But CIPA, as its name reflects, is a purely procedural statute that imposes no substantive limitations on the assertion of…

  • Legal Memorandum posted June 23, 2009 by Andrew Grossman The Enumerated Powers Act: A First Step Toward Constitutional Government

    Last October, Congress passed the Emergency Economic Stabilization Act, creating the Troubled Asset Relief Program (TARP) that has since become the executive branch's slush fund for intervening in the economy.[1] At the time, many Members of Congress believed the legislation to be unwise; only a few, however, recognized…