The Institute for Justice

Robert McNamara is a senior attorney at the Institute for Justice, where he has practiced law since 2006. He defends private property, free speech, and other constitutional rights in federal and state courts nationwide. The Institute for Justice was founded in 1991 and is headquartered in Arlington, Virginia. It is a National Law Firm that litigates to limit the size and scope of government power and to ensure that all Americans have the right to control their own destinies as free and responsible members of society.  The Institute for Justice has come to the aid of individuals who want to do the simple things every American has the right to do—including owning property. IJ has litigated over 275 cases, including seven before the U.S. Supreme Court. One of those cases was the landmark Supreme Court case of  Kelo v. City of New London. While it lost the Kelo case in court, it went on to win in the court of public opinion. As a direct result of Kelo, over 40 states went on to enact legislation to prevent the condemnation of private property for private economic redevelopment projects or to otherwise curb eminent domain abuse and overreach.

Robert McNamara has litigated cases and filed amicus briefs about constitutional issues surrounding eminent domain in state and federal appellate courts, and he works with owners nationwide to defeat takings using both litigation and public advocacy. His views and opinions have been featured in publications ranging from the Wall Street Journal to the New York Times to CBS Sunday Morning, and he has published .

Significant Eminent Domain and Property Rights Representations and Reported Decisions

• Robert represented Atlantic City, NJ, piano tuner Charlie Birnbaum in his successful fight to save his longtime family home from condemnation: Casino Reinvestment Development Authority v. Birnbaum, 203 A.3d 939 (2019).
• Robert represented Port Chester, NY, property owner Bill Brody in his successful fight to establish that Port Chester’s efforts to take his property violated his due-process rights: Brody v. Village of Port Chester, 509 F. Supp. 2d 269 (S.D.N.Y. 2007).
• Robert represented McKinney, Tex., homeowner Vicki Baker in her fight to secure compensation under the Takings Clause after a McKinney SWAT team destroyed her home. Baker v. City of McKinney, 2021 WL 5390550.