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One example is the role of wealth in our justice system. Winkler attributes corporations’ astounding success to their having “the brightest, most able lawyers of the day.” Because corporations “have the financial means to hire the best lawyers,” Winkler contends that they have been able to pursue “cutting-edge, push-the-boundaries lawsuits” that others cannot afford. Winkler’s point is especially well taken given the nature of Supreme Court litigation. Unlike other federal courts, the Supreme Court has nearly boundless power in deciding which cases to hear. Parties wishing to appeal their cases to the Supreme Court must file certiorari petitions — legal briefs that argue why the Court should agree to hear their case. The number of petitions accepted by the Court has varied throughout its history, but in recent decades has been extremely small. During the 2016–’17 term, for example, the Supreme Court heard only 76 of the 6,305 appeals it received . Alongside this reduction in the number of cases heard by the Court has been the rise of what is known as the Supreme Court bar. As Winkler explains, starting in the 1980s, several major law firms created specialized Supreme Court practice groups. Accumulated experience provides these attorneys with specialized knowledge as to what the justices consider when deciding whether to accept a certiorari petition.
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