Document Type
Article
Publication Date
2024
Publication Information
2024 Harv. J.L. & Pub. Pol'y Per Curiam 1.
Abstract
Each term, the United States Supreme Court receives hundreds of amicus briefs filed in merits docket cases. Many of the largest law firms file amicus briefs before the United States Supreme Court. These amicus briefs are often pro bono, which means the clients do not pay for the firm to file the brief. That pro bono work can quickly total millions of dollars of legal briefing subsidized by the law firm. And pro bono work often reflects the law firm’s desire to work for its prior commitments to what it identifies as the "public good."
Controversies have arisen in recent years over ideological rifts in America’s largest law firms, sometimes for attorneys representing politically unpopular clients, at other times for publicly articulating politically unpopular positions. The ideological leanings of the largest law firms have been a topic of lively debate. This Article examines the ideological leanings of pro bono work of the largest law firms.
The Article finds that the largest law firms invest more resources in more liberal-leaning causes than conservative-leaning causes on behalf of likely pro bono clients in front of the United States Supreme Court. But they invest substantial resources into conservative-leaning causes, too. In the biggest cases of this recent four-year period, however, the firms' likely pro bono amicus work overwhelmingly leaned in the liberal direction.
That said, there is some meaningful ideological diversity even within a firm in likely pro bono amicus briefs. And there is also some diversity across firms—a few firms leaned more conservative in this time period, some firms had a more even split, and most others leaned somewhat heavily toward liberal positions. The data also presents a more complicated portrait of law firms that may be publicly portrayed through a particular ideological or partisan lens. The data shows a variety of ways in which the largest law firms are putting their time and resources in litigation before the United States Supreme Court, and some diversity among law firms’ approach to amicus briefs on behalf of likely pro bono clients.
Recommended Citation
Derek T. Muller,
Ideological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United States Supreme Court,
2024 Harv. J.L. & Pub. Pol'y Per Curiam 1..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1911