The Making of the Supreme Court Bar: How Business Created a Solicitor General for the Private Sector

Michigan Law Review Online, Vol. 117, December 2018

15 Pages Posted: 3 Apr 2019

Date Written: 2018

Abstract

This essay aims to improve scholars’ understanding of the power dynamics that shape Supreme Court precedent. It argues that the Supreme Court bar heavily favors big business because it was built for that purpose. In response to the regulatory surge of the 1970s, corporate forces mobilized to better promote their interests before the justices. Like in the legislative sphere, they succeeded by relying on disciplined organizing. To raise demand for expert lawyers, companies founded interest groups that increased pressure on outside counsel and supplied them with extensive litigation support tools. Politically savvy business leaders then responded by creating private appellate practices molded after the Solicitor General’s Office.

Keywords: United States Supreme Court, Supreme Court bar, Economic Inequality, American Politics, Law and Political Economy

Suggested Citation

Pilaar, Jeremy, The Making of the Supreme Court Bar: How Business Created a Solicitor General for the Private Sector (2018). Michigan Law Review Online, Vol. 117, December 2018. Available at SSRN: https://ssrn.com/abstract=3348843

Jeremy Pilaar (Contact Author)

Yale Law School ( email )

(415) 910-2727 (Phone)

HOME PAGE: http://law.yale.edu/jeremy-pilaar

Register to save articles to
your library

Register

Paper statistics

Downloads
57
rank
357,651
Abstract Views
197
PlumX Metrics