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,…

The State of the States Before the Supreme Court

Rather than originating from a federal court of appeal like the majority of cases before the Supreme Court, the most discussed case of this term came from a state court.  Masterpiece Cakeshop was petitioned to the Supreme Court after a decision from the Colorado Court of Appeals and Colorado’s Solicitor General, Frederick Yarger, handled the argument for…

A Chicken and Egg Problem

One of the more difficult questions facing Supreme Court scholars is trying to decipher the impact of the litigants. Given the secrecy with which the Supreme Court conducts the majority of its business, any effort towards understanding the decision making process is inevitably met with frustration.  The most recent insight we have into any of…

Highly Citable

Attorneys before the Supreme Court have multiple goals.  Whether the ultimate goal is winning a case, affecting public policy, or testing the constitutionality of a piece of legislation, good counsel get the justices’ attention.  How they get the justices’ attention varies.  Some engender attention through their regular experience before the Court while others through the…

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…

Oral Arguments OT 2015: A Look Back

On Wednesday April 29th the Supreme Court Justices heard their final oral argument of the Term with McDonnell v. United States.  The Justices heard a total of 69 arguments from October 2015 through April 2016 (not accounting separately for consolidated dockets; links to all of the transcripts, audio, and information about all of the cases…

The Justices’ Stances in United States v. Texas

The United States government represented by the Solicitor General is the most frequent party before the U.S. Supreme Court.  These regular appearances will be quite pronounced over the next two weeks.  The Supreme Court hears oral arguments in ten more cases before the end of the Term, and a representative from the Office of the Solicitor…

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,…