2013•American Politics ResearchOpen access

State Coordinating Institutions and Agenda Setting on the U.S. Supreme Court

Greg Goelzhauser, Nicole Vouvalis

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Abstract

What determines state success when petitioning the U.S. Supreme Court for review? We suggest that states can improve the likelihood of securing Supreme Court review by coordinating litigation efforts. This coordination occurs in two ways. First, some states coordinate their appellate litigation efforts internally through the creation of state solicitors general offices. Second, external coordination occurs when states join amicus briefs at the agenda setting stage urging the Supreme Court to grant review in state-filed cases. Using new data on all state-filed certiorari petitions from the 2001-2009 terms, we find that internal and external coordination is associated with an increased likelihood of the Supreme Court granting review in state-filed cases.

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What determines state success when petitioning the U.S. Supreme Court for review? We suggest that states can improve the likelihood of securing Supreme Court review by coordinating litigation efforts. This coordination occurs in two ways. First, some states coordinate their appellate litigation efforts internally through the creation of state solicitors general offices. Second, external coordination occurs when states join amicus briefs at the agenda setting stage urging the Supreme Court to grant review in state-filed cases. Using new data on all state-filed certiorari petitions from the 2001-2009 terms, we find that internal and external coordination is associated with an increased likelihood of the Supreme Court granting review in state-filed cases.

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Available abstract

What determines state success when petitioning the U.S. Supreme Court for review? We suggest that states can improve the likelihood of securing Supreme Court review by coordinating litigation efforts. This coordination occurs in two ways. First, some states coordinate their appellate litigation efforts internally through the creation of state solicitors general offices. Second, external coordination occurs when states join amicus briefs at the agenda setting stage urging the Supreme Court to grant review in state-filed cases. Using new data on all state-filed certiorari petitions from the 2001-2009 terms, we find that internal and external coordination is associated with an increased likelihood of the Supreme Court granting review in state-filed cases.

Key concepts: Certiorari, Supreme court, Law, State supreme court, Original jurisdiction, Political science, State (computer science), Majority opinion

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