The Solicitor General and the United States Supreme Court Executive Branch Influence and Judicial Decisions

The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and its ability to influence the Court. It examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision-making process. From granting review to cases, selecting winning parties, writing opinions and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not.

1. The Solicitor General and the Supreme Court; 2. The Office of the Solicitor General: the finest law firm in the country; 3. Explanations for Solicitor General success; 4. Solicitor General influence and agenda setting; 5. Solicitor General influence and merits outcomes; 6. Solicitor General influence and briefs; 7. Solicitor General influence and legal doctrine; 8. Conclusion; 9. Appendices.

Ryan C. Black is an Assistant Professor in the Department of Political Science at Michigan State University where he teaches about the federal judiciary, with a particular emphasis on the United States Supreme Court and the United States Courts of Appeals. His work has been published in the Journal of Politics, Political Research Quarterly, the Journal of Law, Economics and Organization, American Politics Research, Presidential Studies Quarterly, the Justice System Journal, Law and Social Inquiry and a variety of law reviews. He is also a co-author of Oral Arguments and Coalition Formation on the U.S. Supreme Court: A Deliberate Dialogue.
Ryan J. Owens is a Lyons Family Faculty Scholar and Assistant Professor in the Department of Political Science at the University of Wisconsin. His work analyzes the United States Supreme Court, the United States Courts of Appeals and American political institutions. His work has appeared in the American Journal of Political Science, the Journal of Politics, Political Research Quarterly, Judicature, the William and Mary Law Review, the Law and Society Review and the Justice System Journal.