The SCOTUS Tournament: Winning Isn't Everything
Virginia Public Law and Legal Theory Research Paper No. 2025 – 09
33 Pages Posted: 27 Jan 2025 Last revised: 28 Jan 2025
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
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