Sam Bray, '05, and Eric Posner Cited in New York Times for Two Different Scholarly Works

A Few Expert Lawyers Dominate Supreme Court Arguments, a New Study Finds

In today’s edition of “The Docket,” New York Times Chief Legal Affairs Correspondent Adam Liptak mentions a recent paper co-authored by Professor Sam Bray and a study conducted by Professor Eric Posner and a collaborator.

In the recent paper, “Prescribing Religion: The Ten Commandments on Classroom Walls,” Bray, along with Nathan Chapman and Brent Strawn, concluded that requiring every public classroom in the state to display the Ten Commandments violates the First Amendment’s prohibition of government establishment of religion, Liptak noted. The justices are poised to hear the case in the coming month.

The study, “Two Decades of Oral Argument in the Supreme Court, 2002-2025 Terms,” prepared by Posner and Lee Epstein of Washington University, found that in the last five US Supreme Court terms, lawyers in the Office of the Solicitor General participated on average in 86 percent of arguments. In about half of them, the government lawyers appeared as a friend of the court.

“I wrote about some of the study’s other findings last week, including a spike in the length of arguments and the leading role played by the court’s newest member, Justice Ketanji Brown Jackson,” Liptak wrote.

Read more at New York Times