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2024 Harv. J.L. & Pub. Pol'y Per Curiam 1 (2024)

handle is hein.journals/hpercrm2024 and id is 1 raw text is: Harvard Journal of Law & Public Policy Per Curiam IDEOLOGICAL LEANINGS IN LIKELY PRO BONO BIGLAW AMICUS BRIEFS IN THE UNITED STATES SUPREME COURT DEREK T. MULLER* Each term, the United States Supreme Court receives hundreds of amicus briefs filed in merits docket cases. These totals have increased over the years,' and these briefs have found increasing influence in front of the Court.2 Many of the largest law firms file amicus briefs before the United States Supreme Court.3 These amicus briefs are often pro bono, which means the clients do not pay for the firm to file the brief.4 That pro bono work can quickly total millions of dollars of legal briefing subsidized by the law firm.5 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.6 Controversies have arisen in recent years over ideological rifts in America's largest law firms, sometimes for attorneys representing politically unpopular clients,7 at other times for publicly Professor of Law, Notre Dame Law School. Special thanks to Adam Feldman, Andy Hessick, and Kyle Rozema for feedback on earlier drafts of this piece. 1 See, e.g., Joseph D. Kearney & Thomas W. Merrill, The Influence of Amicus Curiae Briefs on the United States Supreme Court, 148 U. PA. L. REV. 743 (2000). 2 Allison Orr Larsen & Neal Devins, The Amicus Machine, 102 VA. L. REV. 1901 (2016); Paul M. Collins, Jr., Pamela C. Corley, & Jesse Hamner, The Influence of Amicus Curiae Briefs on U.S. Supreme Court Opinion Content, 49 L. & SOC. REV. 917 (2015). 3 See, e.g., H.W. Perry Jr., The Elitification of the U.S. Supreme Court and Appellate Lawyering, 72 S.C. L. REV. 245, 262-63 (2020); Larsen & Devins, supra note 2, at 1906-07, 1916-17, 1927-30. 4 See Larsen & Davis, supra note 2, at 1918, 1929-31. See also Nancy Morawetz, Counterbalancing Distorted Incentives in Supreme Court Pro Bono Practice: Recommendations for the New Supreme Court Pro Bono Bar and Public Interest Practice Communities, 86 N.Y.U. L. REV. 131 (2011). 5 See infra note 12. 6 See, e.g., Pro Bono, MORGAN LEWIS, https:// morganlewis.com/our-firm/our-culture/pro-bono (last visited Jan. 5, 2024) (Our firm's commitment to doing work for the public good manifests through the pro bono efforts of lawyers in every one of our global offices. We take on matters impacting individuals or small groups as well as litigation driving large-scale societal change.); Pro Bono, ARNOLD & PORTER, https'/wwwarnoldportercom/en/about/pro-bono (last visited Jan. 5, 2024) (We have a long history of taking on matters to redress injustice .... The broad spectrum of pro bono work we undertake is driven by our dedication to amplifying the voices of those who might not otherwise be heard.); Pro Bono, CLEARY GOTTLIEB, https://w -wclearvgottlieb com/practice-landingpro-bono (last visited Jan. 5, 2024) (Founded in a spirit of inclusiveness, personal and professional responsibility, compassion for the needs of others, and dedication to improving the communities in which we live and work, Cleary Gottlieb is fully committed to the duties of good global citizenship. We believe pro bono work should be a mindful choice, one that expresses both personal and collective interests.). 7 See, e.g., Marisa M. Kashino, Clement Praised by Peers for Leaving King & Spalding Over DOMA, WASHINGTONIAN, Apr. 25, 2011, https:// w .washingtonian.comI2011/04125/clement-praised-by-peers-for-leaving kingsp' ding-over-doma!; David Lat, Paul Clement Leaves Kirkland & Ellis Amid a Dispute Over Gun Cases, ORIGINAL JURISDICTION, June 24, 2022, httos://davidlat.substack.com/p/paul-clement-leaves-kirkland-and. 1 Winter 2024 No. 1

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