A New Era in SCOTUS Textualism

Legal interpretation begins with a legal text. At least in theory it does.  While in practice this is not always the case, textualism has become synonymous with conservatism in recent Court eras primarily due to Justice Scalia’s reliance on the language of statutory texts.  In practice, a textualist approach is not limited by judicial ideology and…

Something to Talk About

Oral arguments have always been central to Supreme Court adjudication.  In early Supreme Court practice oral arguments were the primary means by which the justices learned about cases.  Currently, oral arguments convey less original information to the justices, but still are helpful tools for the justices to learn about dimensions in each case not brought out…

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…

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…

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…

Bringing Cases in an Unusual Term: Top Petitioners and Cert Amici

There are certain criteria that indicate or signal the importance of a Supreme Court petition to the Court –experienced SCOTUS counsel on the cert briefs, federal governmental involvement, and cert stage amicus briefs – just to name a few.  Although there is no surefire way to predict whether the Court will grant cert in a…

Comparing Candidates for the Next United States Solicitor General

Eleven possibilities for the next Solicitor General of the United States.  There are in fact many more possible candidates although the eleven names produced in two articles – one by Tony Mauro of the National Law Journal and another by David Lat, managing editor of Above the Law provide an ample source of talented lawyers…

The Last Leg of the Term

(image from loc.gov) The end of oral arguments for this Supreme Court Term is around the corner.  With 21 cases left (not counting joined dockets in the same case) I compiled some stats on what is still to come.  This post looks at the attorneys, firms, and parties in these 21 cases.  There are two sections of…