At the end of their first full term, the Biden administration’s top lawyers before the U.S. Supreme Court defied a decades-long, declining win rate, but still lost six of the eight biggest cases.
The Office of the U.S. Solicitor General, led by Biden appointee Elizabeth Prelogar, appeared in 52 of the term’s 63 argued cases. Two of the 52 were dismissed as improvidently granted (DIGs) and one ended in a 4-4 split. Of the remaining 49, the office had an overall win rate of 67%. Breaking down the cases into where the government was a party, the win rate was 58%, and where it was an amicus, 76%.
