Other than the U.S. Solicitor General, state government is by far the most frequent litigant in the U.S. Supreme Court on such issues as the death penalty, climate change, gun control, foreclosure jurisdiction, immigration, voting rights and, of course, the Affordable Care Act. This class will study states’ practice before the Supreme Court, including the important role played by attorneys general submitting amici curiae briefs.

Guest: Dan Schweitzer, Class of ‘89, NAAG Supreme Court Counsel

  1. Statistics on Amicus Briefs filed by States in the U.S. Supreme Court, NAAG (2018)

  2. AG Memo on Nationwide Injunctions (Sept. 13, 2018)

  3. Dan Schweitzer, Who Argues for the States in the U.S. Supreme Court (2017)

  4. “Results of Cert Petitions on Filed by States” NAAG (2016)

  5. Kevin C. Newsom, “The State Solicitor General  Boom,” 32 Appellate Practice J. 6 (2013)

  6. Judges Who were SGs

  7. New York Times, "Ted Cruz Promoted Himself and Conservative Causes as Texas' Solicitor General," March 4, 2016

  8. Respondent’s Brief (Ted Cruz), Medellín v. Dretke Director, Texas Department Of Criminal Justice, Correctional Institutions (2005) (Winner of NAAG Best Brief Award)

  9. Roper V. Simmons (Edited; 2005)

  10. Roper V. Simmons Amicus Brief

  11. The State of the State Before the Supreme Court, Empirical SCOTUS

  12. Massachusetts v. Environmental Protection Agency, 549  U.S.  497  (2007), June  23,  2014

  13. Washington v. Trump, Supplemental Brief on Standing