The Roberts court is hearing a larger share of cases about economic activities that matter to big business than the Rehnquist court before it. A recent study done by scholars for The Times documents that, compared with other Supreme Courts since 1953, this one is “significantly more likely to produce a conservative decision” in those cases.
One reason for that, beyond the court’s conservative tilt, may be that big business is increasingly bringing in big guns to argue their cases: former lawyers in the Justice Department’s Office of the Solicitor General. So far this term, former Solicitors General Gregory Garre, Theodore Olson and Seth Waxman have argued at the court for business clients.
Former solicitors general used to be more likely to become professors, judges or other kinds of public servants. Now they are more likely to build corporate practices. With the exception of Justice Elena Kagan and one other, every former solicitor general for the past 15 years leads a law firm group representing business clients.
Of the 11 cases on the court’s January list for oral arguments, the U.S. Chamber of Commerce filed briefs in seven. Last term, the chamber supported the winning side in 13 of 16 cases where it took part. As Adam Liptak reported in The Times, the group attributes those results to the quality of their advocates. The biggest victory was in the Citizens United case, argued by Mr. Olson.
http://www.nytimes.com/2011/01/19/opinion/19wed2.html?nl=todaysheadlines&emc=tha211