The SCOTUS Tournament: Winning Isn't Everything

33 Pages Posted: 27 Jan 2025 Last revised: 28 Jan 2025

See all articles by Tracey E. George

Tracey E. George

Vanderbilt University - Law School

Albert Yoon

University of Toronto Faculty of Law

Mitu Gulati

University of Virginia School of Law

Date Written: January 25, 2025

Abstract

Litigation at the U.S. Supreme Court is a tournament of champions. A handful of elite lawyers increasingly dominate the SCOTUS podium. An emerging narrative about this phenomenon is that these select few, bearing the most rarefied of legal credentials and often representing big business, get more of their cases heard and decided in their favor. These SCOTUS champions disproportionately influence the law. This narrative, however, is thick on rhetoric and thin on evidence. We look closely at private lawyer appearances before the justices from 1970 through 2023, allowing the data to drive the story. Seasoned Supreme Court litigators are, indeed, more likely to win.  Our findings suggest, however, that story is more complex and interesting than merely a game of winners and losers. Reputation, influence, and power derive from more than the outcome.

Keywords: Litigators, Tournament, Supreme Court

Suggested Citation

George, Tracey E. and Yoon, Albert and Gulati, Mitu, The SCOTUS Tournament: Winning Isn't Everything (January 25, 2025). Virginia Public Law and Legal Theory Research Paper No. 2025 – 09, Virginia Law and Economics Research Paper No. 2025-03, Vanderbilt Law Research Paper, Available at SSRN: https://ssrn.com/abstract=5110783 or http://dx.doi.org/10.2139/ssrn.5110783

Tracey E. George (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

Albert Yoon

University of Toronto Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Mitu Gulati

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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