Law Schools, Judges, and Government Attorneys

This post extends beyond the Supreme Court to look at which law schools have been most successful placing current government attorneys and sitting federal judges around the nation (thank you Jack Metzler / @SCOTUSplaces for the idea).  The positions examined include United States Attorneys, sitting federal judges, and state attorney generals and solicitor generals (AGs,…

The Court’s Recent Lack of Support for the Federal Government’s Agenda

This is the first of a series of two posts examining the federal government’s litigation in the Supreme Court. While this post looks at the last several terms of government litigation, the next will analyze the government’s upcoming cases.   The federal government, through the Office of the Solicitor General (OSG), is the most frequent…

The Court’s Most Cited Decisions of 2016

One trope that was often repeated this past Supreme Court term was that the Court did not take on a particularly exciting caseload.  Evidence for this comes in the form of the unprecedented level of agreement among the justices compounded by the eight justice composition for most of the term that wished to avoid 4-4…

Crunching Data From this Past Term

It has been almost two months since the completion of the Supreme Court’s 2016 term. Scholars and analysts have pored over Court’s decisions. SCOTUSBlog released its Stat Pack which contains many interesting statistical trends and details from the term.  Each term, a group of professors now organized through the Washington University in St. Louis School of…

Loud Voices From Below

The Supreme Court only takes a small fraction of cases petitioned to it every year and there is no perfect formula for ensuring a case makes its way to the Court.  There are, however, several signals that can help a case along the way.  Much of what matters has to do with uniformity in case…

An Uphill Battle for the Court’s Liberals

“[I]f a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs…

A Matter of Life and Death

The Supreme Court may be on summer recess but that doesn’t mean the justices are free from work-related obligations.  Throughout the year some of the most significant decisions the justices make are performed unilaterally.  The justices are each assigned to a certain geographic region associated with a judicial circuit or circuits and by virtue of…

A Changing of the Guard? (Probably Not But the Evidence is Mixed)

In an article I wrote last year I found several Supreme Court repeat players were much more successful than others in getting the Supreme Court to hear their cases. Many of these “Elite Cert Attorneys” argue multiple cases each term before the justices.  They all have high exposure to all aspects of Supreme Court process and…

Developing the Court’s Precedent 2016

Through the course of a single term, the Supreme Court went from a “boring” eight member body to one apparently itching to take on polarizing political issues.  This transformation took place in the Court’s first full term without Justice Scalia since 1986.  Some (including Justice Breyer) speculated that Scalia’s absence would have a large impact…

First-Timers in the Court

In recent years, a lot has been made of the repeat players before the U.S. Supreme Court – and rightfully so. They are involved in many high profile cases the justices hear, several have prior governmental experience…and they win. These attorneys include past-SG’s Seth Waxman, Ted Olson, and Paul Clement among others.  An understudied but…