The Obama administration won only 50.5 percent of its cases before the Supreme Court, an unusually low rate historically. The number can be seen as an outlier, or as “part of a trend that started after the Reagan administration, which won 75 percent of the time. Each succeeding president did worse than the last. President George Bush won 70 percent of his cases, President Bill Clinton 63 percent and President George W. Bush 60 percent.” [Adam Liptak, New York Times; earlier here, here, etc.]
4 Comments
I have a feeling that Trump’s percentage will be even lower.
Wouldn’t Lee v. Tam be on the Obama administration as well?
In other words, I don’t think the record is finished yet.
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I believe that Obama’s win rate is positively correlated with his policy of ruling by Executive Order and using Executive Agencies to issue rules which infringe on the Congressional responsibility to pass laws.