What the Justices Cited in OT 2018

During the 2018 term, the Supreme Court heard 67 oral arguments leading to decisions. The justices’ opinions cited briefs filed in these cases and law articles approximately 601 times. These citations were from a total of approximately 330 briefs and articles.  The citations were primarily clustered in certain cases. For instance, 30 cases or about…

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…

Top Firms’ Supreme Court Business: Some Stay Close While Others Stay Away

Multiple services annually rank law firms along several dimensions and according to various measures.  Even with these rankings there is little objective gauge of a firm’s quality and rightfully so. There are many aspects that go into a firm’s relative quality and some are easier to gauge than others.  One thing that these rankings almost…

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…

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…

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…

Cert Filing Leaders

Chambers and Partners regularly releases highly regarded law firm rankings and comparisons. One of these guides compares top appellate firms. The firms detailed in Chambers’ list are top players in the Supreme Court and employ many of the attorneys with the most extensive Supreme Court expertise. While these firms are recognized for their work in…

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…