When the potted plants are missing: how justice attendance at the State of the Union influences the solicitor general

Abstract

ABSTRACT Among all the institutions or organizations who give file briefs or petition the U.S. Supreme Court, the U.S. Solicitor General (SG) may be the most powerful. It is well documented that petitions with the support of the SG are much more likely to be granted certiorari, and, if the SG advocates a decision, the Court is likely to decide in a likeminded manner. We examine what influence judicial attendance at the State of the Union (SOTU) may have on the activity of the SG Others have explored the motivating factors for justice attendance; these studies have found policy disagreements and public opinion play a role. We argue and find that the SOTU is a valid public announcement of the president’s agenda and when there are fewer justices in attendance, the SG is motivated to file more amicus briefs. Our findings line up with these expectations.