Supreme Court Strategy: When (and When Not) to Seek High Court Review

Supreme Court Strategy: When (and When Not) to Seek High Court Review

July 21, 2026 · 17 min · Episode 2530

About this episode

David Senoff discusses Supreme Court strategy and the decision-making process for seeking high court review.

In this episode of Strategic Justice in Action, David Senoff, a founding partner of First Law Strategy Group, delves into the intricacies of Supreme Court strategy with Evan Mack. They explore the critical decision-making process lawyers face when considering whether to seek high court review. David explains the structural differences between state and federal Supreme Court reviews and intermediate appellate courts, emphasizing the importance of discretionary review and the factors that make a case a viable candidate for Supreme Court consideration. The discussion covers the significance of splits among lower courts, the role of amicus participation, and the broader policy implications that can influence the likelihood of review. Listeners gain insights into how Supreme Court strategy should fit into the broader lifecycle of a case, particularly in complex or high-stakes litigation.

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Guest: David Senoff

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Mentioned in this episode

Organizations: First Law Strategy Group, Supreme Court, state and federal Supreme Court, intermediate appellate courts

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