What Does a U.S. Supreme Court Advocate Actually Do?

When a case reaches the doorstep of the United States Supreme Court, the stakes are at their highest. Fewer than one percent of petitions for certiorari are granted each year, and the Court’s decisions shape national law for decades. At this level, U.S. Supreme Court litigation is not simply an extension of trial or appellate practice—it is a distinct discipline.

So what does a U.S. Supreme Court advocate actually do, and why do organizations so often seek specialized Supreme Court Counsel?

Supreme Court Advocacy Is a Specialized Practice

A U.S. Supreme Court advocate is an attorney who focuses on litigating cases before the Supreme Court of the United States. This work requires mastery not only of substantive law, but also of the Court’s unique procedures, institutional norms, and decision-making dynamics.

Supreme Court advocacy differs from lower-court appellate practice in several critical ways:

·      The Court selects its cases almost entirely at its discretion

·      Written advocacy—particularly the petition for certiorari and amicus briefs—is often more important than oral argument

·      Arguments must account for national legal consequences, not just the interests of the parties

·      Advocacy is direct to nine justices with distinct judicial philosophies.

As a result, organizations frequently turn to Washington, D.C.-based Supreme Court advocates who focus specifically on this level of litigation.

Core Responsibilities of a U.S. Supreme Court Advocate

1.     Evaluating Whether a Case is “Certworthy”

One of the most important—and often overlooked—roles of Supreme Court counsel is strategic case evaluation.

Before a petition for certiorari is ever filed, a Supreme Court advocate assesses whether a case presents the type of issues the Court is likely to hear, such as:

·      A clear split among federal courts of appeals or state supreme courts

·      An issue of exceptional national importance

·      A lower-court decision that conflicts with Supreme Court precedent

·      A recurring legal question affecting businesses, governments, or institutions nationwide

For organizations, this evaluation helps avoid costly filings that have little chance of review while identifying cases where Supreme Court intervention could meaningfully shape the law.

2.     Drafting Petitions for Certiorari

The petition for certiorari is often the most critical filing in Supreme Court litigation. A U.S. Supreme Court advocate crafts cert petitions that do far more than argue legal error. Effective petitions:

·      Frame the question presented in a way that attracts the Court’s attention

·      Emphasize broader institutional and national implications

·      Demonstrate why the issue matters beyond the immediate dispute

·      Anticipate and neutralize reasons the Court may decline review

Because the Court denies the vast majority of petitions without comment, strategic judgment and experience are essential.

3.     Coordinating and Drafting Amicus Curiae Briefs

For many organizations, the most direct involvement with the Supreme Court comes through amicus curiae briefs. Supreme Court advocates advise organizations on:

·      Whether and when to file an amicus brief

·      How to add a distinct, credible perspective that assists the Court

·      Coordinating messaging among multiple amici without redundancy

·      Positioning industry, trade associations, or institutional interests effectively

Well-crafted amicus briefs often play a significant role in both the certiorari stage and the merits stage, particularly in cases with broad regulatory, economic, or constitutional implications.

4.     Merits Briefing and Case Strategy

When the Supreme Court grants review, the advocate’s role expands to shaping the entire merits presentation.

This includes:

·      Developing a persuasive theory of the case grounded in Supreme Court precedent

·      Writing merits briefs that address the Justices’ jurisprudential concerns

·      Anticipating questions likely to arise at oral argument

·      Refining arguments to withstand intense scrutiny from the Court

At this stage, Supreme Court advocacy is as much about strategic judgment as legal analysis.

5.     Oral Argument Before the Supreme Court

Although oral argument receives significant attention, it is only one part of Supreme Court advocacy—and often a brief one. A Supreme Court advocate prepares for oral argument by:

·      Studying each Justice’s prior opinions and questioning style

·      Conducting extensive moot courts

·      Preparing concise, responsive answers to difficult questions

·      Reinforcing themes already developed in the briefs

Oral argument is not about persuasion in the traditional sense; it is about addressing the Court’s concerns and clarifying the implications of each position.

Why Organizations Hire Specialized U.S. Supreme Court Counsel

Large organizations, corporations, trade associations, and nonprofits often retain specialized Supreme advocates because:

·      Supreme Court practice requires a distinct skill set

·      The consequences of error are national and long-lasting

·      The Court values clarity, restraint, and institutional awareness

·      Strategic decisions at the certiorari and amicus stages are outcome-determinative

Many organizations work with Supreme Court counsel even when they have strong internal or appellate terms, recognizing that Supreme Court litigation presents unique risks and opportunities.

Conclusion

A U.S. Supreme Court advocate does far more than argue cases at the nation’s highest court. From evaluating certworthiness, to crafting persuasive petitions and amicus briefs, to guiding organizations through the strategic realities of Supreme Court litigation, specialized advocacy can be decisive.

For organizations confronting Supreme Court issues—or considering whether to engage with the Court at all—working with experienced Supreme Court counsel can help ensure that their legal and institutional interest are presented with clarity, credibility, and strategic judgment.

If your organization is considering Supreme Court litigation, filing an amicus curiae brief, or evaluating a petition for certiorari, experienced Supreme Court counsel can help assess strategy and risk at every stage.