US Solicitor General Scored Well Overall Last Term, but Lost Most of the Biggest Cases
The government won 58% of cases where it was a party, but suffered key losses on abortion and gun control.
July 28, 2022 at 03:12 PM
5 minute read
The original version of this story was published on National Law Journal
What You Need to Know
- The Office of U.S. Solicitor General had an overall win rate of 67% in the U.S. Supreme Court last term.
- Although the overall rate was good, the office's lawyers won only 58% of the cases in which it was party, but 76% of cases in which it was an amicus party.
- The office lost five of the term's seven biggest cases in which it participated, including abortion, guns and climate change.
At the end of their first full term, the Biden administration's top lawyers before the U.S. Supreme Court defied a decades-long, declining win rate, but still lost five of the seven biggest cases.
The Office of the U.S. Solicitor General, led by Biden appointee Elizabeth Prelogar, appeared in 52 of the term's 63 argued cases. Two of the 52 were dismissed as improvidently granted (DIGs) and one ended in a 4-4 split. Of the remaining 49, the office had an overall win rate of 67%. Breaking down the cases into where the government was a party, the win rate was 58%, and where it was an amicus, 76%.
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