Boycotting Supreme Court Arguments
There is a lot of loose talk these days about whether the Supreme Court is in the midst of a legitimacy crisis. (The Garland nomination, the Kavanaugh confirmation.) Back in the day, there were real objections to the Court’s legitimacy that were expressed by boycotting Supreme Court arguments. Madison famously did not defend the Administration in Marbury v. Madison. Georgia did not show up for Worcester v. Georgia. And so on. I’m not sure what the last case was where one of the parties refused to file a brief or argue their position in the Court (it’s an interesting research question).
I highly doubt, though, that any litigant would respond to a certiorari grant by saying: “We cannot get a fair hearing in the Supreme Court and thus will not appear.” Thus, this suggests that legitimacy concerns are hyperbole.