Debunking the Myth of Interest Group Invincibility in the Courts

Research on interest group litigation has provoked a reevaluation of the conventional wisdom about the study of pressure group activity and judicial politics. Nevertheless, the notion that interest groups are intrepid litigators that rarely lose to nongroup adversaries persists unchallenged and unscathed. We seek to determine if groups are, in fact, as invincible as the literature suggests. Several findings emerge that may undermine conventional wisdom about the relative efficacy of group-sponsored litigation. Most important is that groups are no more likely than nongroups to win, at least in U.S. District Courts. Based on this and other results, we draw a number of conclusions about interest group litigation and the direction into which future study might head.