Monday, December 8, 2014
Check out The Echo Chamber: A Small Group of Lawyers and its Outsized Influence at the U.S. Supreme Court, a penetrating study of the influence that an elite band of attorneys exerts on the cases the Court takes up, and how it decides them. Echo Chamber is a special report by Reuters, in three parts, penned by Joan Biskupic, Janet Roberts, and John Shiffman.
The upshot: A small group of attorneys, just 66 of them, exert a tremendous influence over the cases the Court hears, with a decidedly pro-business tilt.
According to the authors, public interest lawyers may exert an influence, too--but by not filing, so as to avoid a binding ruling against them by a conservative-leaning Court. "[P]ublic interest lawyers effectively influence the court's agenda, too. They do so by declining to draft petitions for some kinds of civil rights and consumer cases. Their rationale: They do not want the Supreme Court to revisit decades-old decisions that tend to favor the liberal agenda."
The authors examined cert. petitions, and the attorneys who filed them, over a nine-year period to identify the 66 lawyers and 31 law firms that were "most active and successful before the court."
The Reuters examination of the Supreme Court's docket, the most comprehensive ever, suggests that the justices essentially have added a new criterion to whether the court takes an appeal--one that goes beyond the merits of a case and extends to the merits of the lawyer who is bringing it.
The results: a decided advantage for corporate America, and a growing insularity at the court. Some legal experts contend that the reliance on a small cluster of specialists, most working on behalf of businesses, has turned the Supreme Court into an echo chamber--a place where an elite group of jurists embraces an elite group of lawyers who reinforce narrow views of how the law should be construed.