Jay B. Stephens, Of Counsel, Kirkland & Ellis LLP and Chairman, WLF Legal Policy Advisory Board
The US Supreme Court is one of America’s most selective governmental entities. Over the past century, Congress removed most direct-appeal rights to the Court, leaving the vast majority of litigants in a position of having to seek the votes of four justices through the discretionary certiorari process. With the Court currently accepting only between 70 and 80 cases per term, the odds of a grant of certiorari for cases where an attorney submits the petition are now between 4% and 6%.
One factor that most appellate advocates believe increases the odds of the Court granting certiorari is the filing of high-quality, influential amicus curiae (“friend of the court”) briefs urging the justices to vote for review. Over the past 40 years, Washington Legal Foundation has established itself as an extremely effective cert-stage advocate in cases that affect the free-enterprise system and economic liberties. A recently published analysis of lawyers’ and organizations’ success at the Supreme Court’s cert stage—both as Counsel of Record for a review-seeking party and as amicus—demonstrates that effectiveness. Continue reading “‘Empirical SCOTUS’ Analysis Finds WLF Is Most Successful Certiorari-Stage Advocate in Supreme Court’s Current Term”