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…

The Big Business Court

The current Supreme Court is unabashedly friendly towards big business. How friendly? If the Court’s trajectory continues, perhaps as friendly as any Court dating back to the Lochner-era where laissez-faire policies exuded from the Court’s rulings. Prominent scholars, most notably Epstein, Landes, and Posner found empirical support for the proposition that the current Court is more pro-business…

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…

Attorneys in the Clutch

Earlier this year I ran a blog post on the most powerful justices across time, which focused on their decisions in cases with single vote margin majorities.  That post accounted for the decision makers, but it did not consider the attorneys whose arguments factor into the justices’ decision calculi.  This post takes a look at…

Fast Out of the Gates (SCOTUS’ October 2017 Oral Arguments)

On October 2nd, the Supreme Court will be back in session with the first oral arguments of 2017.  Since Justice Scalia passed away in February 2016 the justices have taken a light caseload and generally have not heard cases that would lead to great rifts among themselves.  This non-divisive set of cases during the 2016…

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…

The Year of the Patent

Possibly due to its eight Justice configuration, the Supreme Court heard a unique slate of cases this term with no noted landmark cases or decisions.  Then again perhaps landmark is in the eye of the beholder.  This term the Supreme Court heard six patent cases which conceivably is the most such cases the Supreme Court has heard…

Attorneys and Firms in the Supreme Court 2016

The Supreme Court wrapped up oral arguments for the 2016 term on April 26, 2017 with arguments in Sandoz Inc. v. Amgen and Maslenjak v. United States. These marked the 63rd and 64th arguments the Justices heard this term – down five from the 69 arguments the Justices heard a year prior.  While the Court…

Attorney Arguments 2016/2017

The Supreme Court released its final argument calendar of the term with thirteen arguments slated for April. Although this term started out slow, most likely due to the Justices’ apprehension at the possibility of reaching equal divisions in cases, case grants picked up pace especially after the presidential election. Though we won’t see a new…

Breaking Down Arguments in Samsung v. Apple

On Tuesday the Justices heard oral arguments in the highly anticipated patent case, Samsung v. Apple.  With this case, the Justices wrestled with the question of whether Samsung infringed on Apple’s front screen and interface on the IPhone. The stakes are quite high as the appellate court upheld a $400-million verdict against Samsung. While patent…

SCOTUS Scorecard Pt. 2: The Firm Side of the Story

The top Supreme Court litigators from this past Term were composed of a group of well-known names within circles that track cases moving through the Court.  Examining these attorneys, however, only conveys part of the story of the actors involved in this litigation.  From the perspective of the client representation there is a structure that goes…