BOOK REVIEW: A New (Scientific) Look at the SG and the Court (reviewing Black and Owens’s The Solicitor General and the United States Supreme Court: Executive Influence and Judicial Decisions)

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1 Response

  1. I. Glenn Cohen says:

    Sounds like an interesting read and I will try to pick it up!

    I must say there are many aspects of SG behavior that are far from apparent from “outside” analysis of what it does and its effects and may only be visible by talking to folks on the “inside” at the DOJ.

    To give one example (and I don’t think I am telling any tales out of school here), in the last decade or so (perhaps going further back) there was more pressure on the SG to take a side in many cases where its interest was unclear, driven by the need to secure enough arguments for the assistants after the deputies had their due. This reached its apotheosis in the very rare case where the S. Ct. denied the SG argument time on its brief — Exxon Mobil Corp v. Allapattah Services Inc, 545 U.S. 546 (2005), involving an interpretation of the Supplemental Jurisdiction statute, 42 U.S.C. 1367, where arguably the U.S. was one of the very few litigants who would NOT be affected by the Court’s decision.

    Do you know if the book engages with this kind of “inside baseball” or more the “outside” stuff?