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The Super Lawyers

Slate News

Slate Podcasts

News Commentary, Politics, News

4.56K Ratings

🗓️ 10 January 2015

⏱️ 34 minutes

🧾️ Download transcript

Summary

Dahlia Lithwick talks to Joan Biskupic, the author of a new Reuters study about the elite "one-percent" group of lawyers who bring most of the cases at the Supreme Court. She also hears from two of these super-lawyers -- Tom Goldstein and Paul Clement.

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Transcript

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0:00.0

Hi, and welcome back to Anacus, our first episode of 2015, and we wish you a happy new year.

0:08.9

I'm Dahlia Lithwick, Slate's Supreme Court correspondent.

0:11.8

So we're in the last week of a little break in oral arguments of the Supreme Court, and I confess I've spent it recovering from a whopping back injury.

0:19.7

But we figured we'd use this week's podcast

0:21.6

to talk a little bit more broadly about how cases make their way up to the Supreme Court,

0:26.2

who the lawyers are who bring them there, and what happens when they get there. Last month,

0:31.3

Reuters published a really fascinating study that got a little bit lost in the Christmas rush.

0:35.9

It offered some provocative answers to these

0:38.2

questions. It's called the echo chamber. And the upshot is that less than 1% of the lawyers who

0:44.5

filed petitions at the U.S. Supreme Court actually get their cases heard. And yet 43% of the cases

0:51.4

that actually are taken by the court come from a tiny elite cadre of kind of super lawyers.

0:57.6

I've characterized them in the past as the Harlem Globetrotters of the Supreme Court litigators because they're amazing.

1:04.3

They can spin basketballs on their arms.

1:06.6

They can sink a three-pointer behind their back.

1:08.8

Later in our podcast, we're going to hear from not one,

1:11.0

but two of these super lawyers. But first, we wanted to turn to Joan Biscupic, who writes for Reuters and is one of the co-authors of this piece. Joan, welcome back to the show. Thank you, Dahlia. So as I understand it and let me know if I mischaracterize this, the point, the overarching point of the echo chamber is that if you want

1:28.8

your case heard at SCOTUS, you are six times more likely to get it there if you hire one of

1:33.7

these super lawyers. Yes, we wanted to look at the success rates for lawyers submitting petitions

1:40.7

for certiori. As you know, Dahlia, those are the filings that launch a case at the Supreme

1:46.5

Court. And it's a very high hurdle for the lawyers and their clients trying to get noticed

1:52.1

by the justices and picked up and have their appeals set for oral arguments. So we looked at a

1:58.4

nine-year period at more than 10,000 petitions involving about 17,000

...

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