Emory Law School Supreme Court Advocacy Program

The Sunday Splits Blog is run by the Emory Law School Supreme Court Advocacy Program (ELSSCAP). This blog is an opportunity for students to write about current circuit splits and explore areas of legal discourse.

In 2010, the late Professor David J. Bederman and Kedar Bhatia 13L formed the Emory Law School Supreme Court Advocacy Program to provide students with experience in litigation, research and writing, compliance with court rules, and communication with outside counsel. Paul Koster, Professor of Practice, serves as the current faculty advisor to the program.

ELSSCAP is the only student-run Supreme Court litigation program in the United States. As a student-run pro bono litigation program, ELSSCAP is unique in that it gives Emory students a chance to control every part of the brief-writing process. Students work under the guidance of experienced litigators as they handle all aspects of ELSSCAP's work, giving them a unique opportunity to choose cases, write briefs, and engage in significant issues that merit being heard by the US Supreme Court.

ELSSCAP excels at writing eloquent, persuasive briefs to the Supreme Court. We have significant experience writing amicus briefs and petitions for certiorari. In 2012, a case co-managed by ELSSCAP and a partner firm, Bullock v. BankChampaign, N.A., No. 11-1518 was granted certiorari by the United States Supreme Court. On Monday, May 13, 2013 the U.S. Supreme Court issued its opinion in Bullock v. BankChampaign, N.A., giving ELSSCAP its first win on the merits.

ELSSCAP briefs get noticed too. In 2012, Justice Breyer cited our amicus brief in his dissent in Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510 (2012). In 2024, Justice Jackson cited our amicus brief in her concurring opinion in Moore v. United States, 602 U.S. __ (2024). National Law Journal recognized ELSSCAP’s public service efforts and profiled the organization for the amicus brief it filed in the Florence case. In addition, ELSSCAP won the International Municipal Lawyers Association Amicus Service Award for the 2010-11, 2012-13, 2013-14, 2014-15, 2015-16, 2018-19, and 2019-20 school years for its work in representing the organization's interests. ELSSCAP is well-connected.

We are able to offer clients the extensive resources of the entire law school, including the expertise of Emory’s distinguished faculty, our partner firms, and the ability to coordinate amici. Finally, ELSSCAP is cost-effective. ELSSCAP always works pro-bono and can cover the filing costs for clients on an as-needed basis.