Joe Gay is an attorney at the Institute for Justice.
Prior to joining IJ, Joe was at a national law firm, where he litigated cases at the trial court and appellate levels. Before that, he was a Constitutional Law Fellow at IJ and then clerked at the U.S. District Court for the Northern District of Georgia.
Joe received his law degree from Harvard Law School, where he worked with the Harvard Defenders and served as a teaching assistant in undergraduate intermediate microeconomics. Before that, Joe graduated with a B.S. from the University of Virginia’s School of Engineering and Applied Science and earned a Master’s degree in Economics from the London School of Economics.
Joe's Cases
Eminent Domain | Private Property
Stiffed by a Pipeline Company Wielding Eminent Domain, Plains Ranchers Appeal to U.S. Supreme Court
North Dakota ranchers fought a pipeline company with eminent domain power for the fair value of their land. But an appeals court said the company did not have to pay the ranchers' attorney fees. That places property owners in a Catch-22 when it comes to getting a fair price: accept a low-ball offer for their land or fight for a fair price out of their own pocket.
Housing Abundance and Affordability | Private Property | Private Solutions to Public Problems | Zoning Justice Project
Institute for Justice Sues Blaine, Minn., Over Illegal Denial of Permit for Family’s Backyard Home to Aid a Family in Need
A couple sought to build an accessory dwelling unit to rent at below-market rates to a family in need, but Blaine, Minnesota, unlawfully denied their permit.
Educational Choice | Publicly Funded Scholarships
Arkansas Mothers Intervene to Defend Education Freedom Accounts Program Against Lawsuit
Arkansas parents defend a state program that provides eligible families with thousands of dollars to cover certain educational expenses.
Immunity and Accountability | Rule of Law
Innocent Security Deposit Box Renters Demand FBI Return Missing Property
After giving up on using civil forfeiture to claim their safe deposit boxes, the FBI did not return all of Don, Jeni, and Michael's property. They are suing to get their missing coins and cash returned to them.
4th Amendment Project | Open Fields Doctrine | Private Property
Homeowner Sues Game Wardens Who Snuck onto His Property and Swiped a Camera
Virginia game wardens entered a family's property, seized their camera, and searched it—all without consent or a warrant.
Educational Choice | Publicly Funded Scholarships
West Virginia School Choice
West Virginia parents intervene to defend one of the nation's best school choice programs to help obtain the education that will best meet the needs of their children.
4th Amendment Project | Business Inspections | Other Property Rights Abuses | Private Property
Small Business Owner Sues to Stop Ohio’s “Whenever, Wherever” Inspections
A taxidermist was threatened with jail time after he asked a wildlife officer to get a warrant before searching his property. With the help of IJ, he’s fighting back to protect the privacy rights of all Ohioans.
Housing Abundance and Affordability | Private Property | Private Solutions to Public Problems | Right to Shelter | Zoning Justice Project
Georgia Nonprofit Fights City’s Ban on Small Homes
Tiny House Hand Up is a nonprofit that builds affordable tiny homes for people in Calhoun, Georgia. But the city of Calhoun’s unconstitutional ban on building tiny homes has prevented THHU from helping people in Calhoun achieve their dream of homeownership. But the organization is fighting back with IJ’s help
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
North Carolina Board Tells Retired Engineer He Can’t Talk About Engineering
Wayne Nutt is a retired engineer who still talks about engineering and wanted to testify as an expert witness in a case that involved engineering issues. The state of North Carolina argued Wayne’s testimony was illegal because he didn’t have a license. This violates his First Amendment rights, which is why Wayne is working with IJ to fight back.
Joe's Amicus Briefs
MAID v. Montana
Montana Supreme Court
Montanans Against Irresponsible Densification, LLC (MAID) v. State of Montana
Montana Supreme Court
Joe's News, Articles & Publications
Joe's Hearings
Joe's Podcasts
May 01, 2026
Short Circuit 426 | Vaccinated Home Distilling
John Wrench of IJ details the Fifth Circuit’s ruling that the federal ban on home distilling is unconstitutional. At least as the case was argued, […]
Listen NowSeptember 19, 2025
Short Circuit 394 | Speech Over Licensing
It’s a free speech episode with two rulings for the First Amendment. Paul Sherman of IJ details a victory that the Institute for Justice litigated […]
Listen Now