School funding

Volinsky served as lead counsel in a series of cases known as Claremont School District v. Governor of New Hampshire in which the petitioners, who were school children, taxpayers and school districts, successfully challenged the way in which New Hampshire funds its schools. The litigation established that children in New Hampshire are entitled to a state-funded public education as a fundamental constitutional right.^[4] The principle decisions were issued in 1993 and 1997.

The fundamental rights established in the Claremont cases have never been completely implemented, resulting in the NH Court deciding again in 2019 that the state failed to meet its constitutional obligation.^[5] In 2018, Volinsky and his Claremont litigation colleague, John Tobin, began a lengthy process of informing voters about the New Hampshire school funding system through a series of forums called, "Education Funding 101."^[6]

Volinsky also represented the Dover School District in 2016 and won a return of more than $1.5 million in unconstitutionally withheld school aid.^[7]

Death penalty

Volinsky has defended against the death penalty throughout the entirety of his career. In 1986, when he was 30, he argued the case of Gray v. Mississippi before the United States Supreme Court and won the reversal of Mr. Gray's sentence of death.^[8] For the last thirty years, Volinsky has represented a client on death row in Georgia, Jimmy Meders, whose death sentence in 2020 was commuted and his sentence reduced to life imprisonment without parole.^[9]

Andru was part of the 2019 effort to repeal the death penalty in New Hampshire. The successful repeal effort required an override of a gubernatorial veto.^[10]

Racial profiling

Volinsky represented the NHCLU on behalf of young people of color whose photograph had been taken and stored by the Manchester Police Department in the case of New Hampshire Civil Liberties Union v. City of Manchester, 149 N.H. 437. Volinsky argued that by compelling the Manchester police department to release the pictures they had taken, it could help identify race or gender-based discrimination in the police department’s work. This would help the public's ability to see with transparency and hold the police department accountable. The court agreed with this position, and the police stopped this practice.^[11]

Environment

In New Hampshire's Northern Pass case, Andru represented impacted people from Stewartstown and Deerfield. The Eversource project sought to build nearly 200 miles of high-voltage transmission lines through New Hampshire, to connect large-scale hydropower from Quebec to Massachusetts. The Site Evaluation Committee denied the necessary permits for the project and Andru’s work at the Supreme Court helped sustain that denial.^[12]

Government overpayments

Significant cases litigated by Volinsky include his representation of the New Hampshire Secretary of State in the Secretary's effort to fairly regulate self-insured public risk pools under N.H.R.S.A. 5-B. The work of Volinsky's legal team resulted in the return of more than $50 million in overpaid premiums from the Local Government Center Risk Pools to New Hampshire municipalities and school districts. Volinsky and his team negotiated additional refunds of almost $30 million from two other risk pools located in New Hampshire.^[13]

Pensions

In 2014, Volinsky represented four large public unions who sought to challenge the State's effort to shift increased pension costs to existing employees. The New Hampshire Supreme Court upheld the cost shift even though its judicial members enjoyed constitutional protections against the very same cost-shifting.^[14]