A Built-In Advantage

Ryan C. Black · Ryan J. Owens

22 citations0/0 files storedPolitical Research Quarterly

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Judicial and Constitutional Studies Legal processes and jurisprudence Law, Economics, and Judicial Systems

Abstract

The Office of the Solicitor General wins the vast majority of Supreme Court cases in which it participates. Does it enjoy a built-in advantage, or does it win because it employs experienced litigators, enjoys resource advantages, or carries the executive’s sword? To answer these questions, we employ cutting edge matching methods. After matching OSG lawyers with nearly identical non-OSG lawyers in nearly identical cases, we find that OSG attorneys still are more likely to win their cases. We discuss possible reasons for this built-in advantage along with some practical implications of our findings.

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References

1989Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England 2017New York University Law Review 1974Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change 1993Political research quarterly 2002The Supreme Court and the Attitudinal Model Revisited 2002Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999 2005Setting the Agenda 2010Untangling the Causal Effects of Sex on Judging

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2016The President, the Court, and Policy Implementation

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