Dan Geyser

Elites at Cert

The odds are stacked against attorneys seeking to have their cases heard by the Supreme Court. While attorneys working on cases accepted for review have a 50/50 chance of success on the merits, the average likelihood of a cert grant is around 1%. Certain attorneys though have a much higher success rate (also documented in…

Advocates that Drive the Justices’ Votes

Supreme Court scholars often debate the role of lawyers in Supreme Court decision making. For an attitudinalist, the justices’ preferences make all (or at least most of) the difference. According to this theory justices will often vote based on their preferred policy direction, which minimizes the role of advocacy. More recent studies show that such…

Attorneys and Firms for the 2017 Term

The current term at the Supreme Court has been anything but ordinary. With two argued cases already ruled moot the justices are down to 61 argued cases for possible signed decisions. This would tie last term for the fewest signed decisions in the modern Court era. Not only are the cases few and far between,…

Easy Reading (By Supreme Court Standards)

Supreme Court briefs are team efforts usually with a main coordinating partner/attorney who is known as the “counsel of record.” Although the number of attorneys staffing briefs varies, at the Supreme Court level the number of attorneys listed on the brief is often more than five and can be upwards of ten. This does not…

Will the Election Help Normalize Business at the Supreme Court?

Prior to the Presidential Election there was profound uncertainty about the future of the Court. Before election night many believed Clinton would take the presidency and the democrats would look to move on the Garland nomination or otherwise nominate another candidate to the Supreme Court. With the Trump victory an entirely new chapter will be…