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…
Tag: Jeffrey Fisher
The Last Six Years of Oral Arguments in the Supreme Court
Supreme Court cases involve many moving parts. Attorneys working on briefs can total more than ten and from the briefs there is little available information to discern who put in the bulk of the effort. One key can be the counsel of record, although this is a tricky proxy. The Solicitor General, for instance, is…
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…
Follow the Experts: Framing Petitions for Cert
What do Supreme Court experts do differently in their cert petitions? Some insights in this post
Supreme Court All-Stars 2013-2017
Success in the Supreme Court is hard to define because it can be viewed in a variety of ways. Few attorneys have the opportunity to try cases there and even fewer argue multiple cases. Part of success therefore is simply getting a case or cases to the Court. Once the Court agrees to hear a…
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,…
Slicing and Dicing the Court’s 2017 Oral Arguments
While the Supreme Court is lagging in releasing its decisions this term, the justices wrapped up hearing oral arguments almost a month ago. The justices heard 63 oral arguments between October 2017 and April 2018. Within that block of time many expectations were reaffirmed while several new paths were blazed. Aside from those who sit…
To Extend or Not to Extend
Occasionally someone will posit a question about Supreme Court practice to me dealing with an issue I haven’t examined. Recently, I had one such interaction with John Elwood of Vinson & Elkins. John asked if I had looked at applications for extensions of time to file petitions for writs of certiorari. As I hadn’t looked…
BriefCatching 2017 Cert-Stage Filings
Good writing quality is one of the greatest assets for attorneys practicing before any court. While there is no universally accepted measure of good writing, software engineers are currently designing programs that measure writing quality in innovative and accurate ways. In past, Empirical SCOTUS has employed off-the-shelf metrics for writing quality to compare filings…
Supreme Court Movers and Shakers (Attorneys and Justices)
The consequences of certain decisions have repercussions far beyond those that affect the immediate cases. While this is an indisputable aspect of decisions from courts of last resort, prognosticating the potential consequences of decisions is an art fraught with questionable inferences. In a series of decisions the Supreme Court has a substantial policy impact. These…
Who’s on the Case: Successful Cert Petitions 2017
The Supreme Court has its calendar set through January 2018 with ten cases already accepted for argument that are as of yet unscheduled. The total number of case grants so far is 53, and with consolidated cases this will lead to 47 arguments. This puts the Court on pace for one of the slowest grant rates…
Name Dropping in Oral Argument
Supreme Court oral argument is the setting where attorneys get to present their cases to the justices. It is a chance for justices to ask questions and for attorneys to convey important information; especially information that might not be contained in the briefs. Oral argument also functions as a setting for dialogue. In this respect,…
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