Benjamin K Marsh

Litigation Fellow

Ben Marsh is a Litigation Fellow at the Institute for Justice. He returns to IJ after working as a law clerk in IJ’s Arlington, Virginia office.

Born and raised in Washington, DC, Ben received his J.D. from Georgetown University Law Center and his B.A. from The Catholic University of America. He is also a proud alumnus of St. Anselm’s Abbey School.

While in law school—in addition to clerking at IJ—Ben worked as a law clerk at the New Civil Liberties Alliance and as a legal extern at the Becket Fund. Ben was also a member of the Georgetown Law Journal, serving as an Executive Editor of the Journal’s Annual Review of Criminal Procedure, as well as a Student Fellow at the Georgetown Center for the Constitution and a member of the Georgetown Federalist Society.

Benjamin's Cases

Chad standing in front of his house.

Private Property

Miami Permit Takings

Chad Trausch and his wife’s family was growing, so he decided to expand his Miami home. But when he submitted plans for a two-bedroom, two-bathroom addition, the city came back with a strange request: it…

Benjamin's Amicus Briefs

Lowery v. Mills

Lowery v. Mills

United States Supreme Court

Benjamin's Podcasts

January 09, 2026

Short Circuit 410 | Joan of Arc and Qualified Immunity

What does qualified immunity have to do with Joan of Arc? Released on the anniversary of the start of her trial, this episode examines that […]

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