With 7,006 cases disposed of during the 2014 Supreme Court term, Supreme Court Justices and clerks had an abundance of cases on their plates.  One way that the Justices and clerks find their way to the more important cases (specifically to cases that are important to people beyond the individual parties in the case) is through the submission of amicus briefs at the cert stage.  These briefs are risky for the amici as there is no guarantee the Court will ever hear the case.  They do, however, signal the importance of the case and enhance the likelihood that the Court will grant cert.

In 2014 amicus briefs were filed prior to a decision on cert in 177 cases.  The total number of amicus briefs filed prior to cert was 403.  Of these 177 cases with amicus filings at the cert stage, cert was granted in 31 or almost 18%.  This is far better than the approximate 1% of all petitions and 5% or so of paid petitions that were granted.  This post looks at the law firms, groups, and attorneys that filed amicus curiae briefs at the cert stage during the 2014 Term which were associated with cert grants (and thus that achieved the objective of these briefs).

First to the attorneys.  Some regular amici have staff attorneys draft amicus brief while others hire outside counsel.  Only three attorneys hired as outside counsel were on amicus briefs in multiple cases that were granted cert.  These three are John P. Elwood (Vinson & Elkins), Steffen Johnson (Winson & Strawn), and David B. Rivkin Jr. (Baker & Hostetler LLP).  Of the three only Elwood and Johnson wrote briefs for multiple parties (both of Rivkin’s briefs were for the Cato Institute).

Other attorneys with amicus briefs in multiple cases granted cert include Aaron D. Lindstrom (Solicitor General of Michigan), and Steven J. Lechner who was on three such briefs for Mountain States Legal.

In terms of private law firms, there were also several whose attorneys wrote amicus briefs in multiple cases granted cert.  Two firms had three such amicus briefs but only one, Gibson Dunn and Crutcher, had briefs from three different attorneys (Theodore B. Olson, Prerak Shah (now an Assistant Solicitor General in Texas), and Theodore J. Boutrous Jr).  The other firm, Winston & Strawn had the two briefs from Johnson as well as one from Andrew Nichols.  Several firms also had two such briefs.  Vinson & Elkins had Elwood’s two briefs and Baker & Hostetler had Rivkin’s two briefs.  Wiley Rein LLP also had two briefs in successful cases – one from Thomas R. McCarthy (now at Consovoy McCarthy) and one from Bert Rein.

In terms of amicus parties/groups (excluding the United States), the most successful was the Cato Institute that submitted four amicus briefs in cases granted cert.  Pacific Legal Foundation and Mountain States Legal Foundation submitted three such briefs each as did the U.S. Chamber of Commerce (whose include one of Elwood’s briefs).  Judicial Watch had two such briefs, as did Texas and Michigan (per Lindstrom) who were the named states on two briefs each as well.

Below are lists of the attorneys, firms, and parties for OT 2014 with one cert stage amicus brief in cases later granted cert:

Attorneys:

Firms and Law Practices:

Parties and Groups: