Good writing makes a world of difference in appellate practice. In an era where some scholars question whether oral arguments have very much utility, briefs, and especially amicus briefs, are thought to play a unique role in Supreme Court decision making. The Court receives briefs in large numbers, with amicus briefs leading the way. Cases with broad national repercussions may garner…
Tag: Cato Institute
Amicus Policy Success in Impactful Supreme Court Decisions
Perhaps the biggest development in the modern Supreme Court alongside the great discretion the justices now have in dictating the cases they hear is the role of interest groups. Over the past several decades the Supreme Court has increasingly become the forum for such groups and their attempts at persuasion; the object of persuasion being…
SCOTUS Success 2016
Now that the Supreme Court term is over, let the scoring begin. While this post looks at the most successful firms, litigators, and groups before the Supreme Court during the 2016 term, there are several caveats to note. First, this post looks at success before the Court as measured by win counts. Second, getting to…
SCOTUS Scorecard 2015/2016 Pt. 1: Experience is Key
Now that the 2015 Supreme Court is complete, it is a perfect time to inspect the case outcomes. My previous post examined the winning attorneys from each oral argument. Many of the attorneys involved are from a small division of firms and groups focused on Supreme Court practice (or from larger firms with specialized appellate practices) and are…
The Regulars: Supreme Court Litigation 2015-2016
Since 2001 the Supreme Court has written full opinions in 67-75 orally argued cases per Term. We are certain not to see more than 75 this Term and nowhere near the 151 such cases in the 1982 and 1983 Terms, which were high points for the second half of the 20th century. With fewer cases,…
Successful Cert Amici 2014
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…
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