Legal Commentary

Supreme Court Lawyers and Litigants (in Separate Cases)

By Eugene Volokh

Here?s a puzzle: Who has played a role in argued Supreme Court cases both as a lawyer for a party and as the lead party in a different case (in a personal capacity)?

To be more precise, I?m looking for people who satisfy all these criteria: They must have been (1) lawyers for a party (not an amicus) (2) at the Supreme Court level, (3) named on the party?s brief (4) on the merits (and not just on a certiorari petition, a stay application, and the like), and also (5) a party in a different case (6) in a personal capacity (and not just in an official capacity, e.g., as Attorney General), and (7) the first party on either side, so that the person?s name became part of the case name. All these criteria are my way of focusing on what strike me as the coolest situations (though the coolest of the cool is if they had argued the case personally, which is not one of the necessary conditions).

I know of three such people, though I?m sure there must be more. How many can you name? Please check your answers before posting them.

Full post as published by The Volokh Conspiracy on March 22, 2011 (boomark / email).