Malcolm L. Stewart
Office of the Solicitor General · Washington, D.C. · Deputy Solicitor General · argued OT 2010–2025
55arguments since OT 2010
24–27record (side argued for), 47%
39Justice remarks faced per argument (open period; all advocates 47)
59%of those remarks read as doubt by Jev (all advocates 63%)
Arguments by term
Side wonSide lostPending / unclear
Arguments
| Term | Case | Side | Role | Result | Remarks faced | Doubt (Jev) |
|---|---|---|---|---|---|---|
| OT 2025 | Sripetch v. Securities and Exchange Commission | Respondent | Deputy Solicitor General | Won | 46 | 61% |
| OT 2025 | Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. | Amicus (for petitioner) | Deputy Solicitor General | Won | 23 | 28% |
| OT 2025 | Cox Communications, Inc. v. Sony Music Entertainment et al. | Amicus (for petitioner) | Deputy Solicitor General | Won | 26 | 32% |
| OT 2024 | Nuclear Regulatory Commission v. Texas | Petitioner | Deputy Solicitor General | Won | 67 | 49% |
| OT 2024 | Environmental Protection Agency v. Calumet Shreveport Refining, LLC | Petitioner | Deputy Solicitor General | Won | 78 | 63% |
| OT 2024 | Oklahoma v. Environmental Protection Agency | Respondent | Deputy Solicitor General | Lost | 19 | 52% |
| OT 2023 | Ohio v. Environmental Protection Agency | Respondent | Deputy Solicitor General | Lost | 64 | 45% |
| OT 2023 | Vidal v. Elster | Petitioner | Deputy Solicitor General | Won | 43 | 46% |
| OT 2023 | Cantero v. Bank of America | Amicus (for petitioner) | Deputy Solicitor General | Won | 58 | 43% |
| OT 2022 | Axon Enterprise v. Federal Trade Commission | Respondent | Deputy Solicitor General | Lost | 54 | 64% |
| OT 2022 | Gonzalez v. Google LLC | Amicus (for petitioner) | Deputy Solicitor General | Lost | 51 | 56% |
| OT 2022 | United States ex rel. Schutte v. Supervalu Inc. | Amicus (for petitioner) | Deputy Solicitor General | Won | 30 | 58% |
| OT 2022 | No. 21-1239 | – | Deputy Solicitor General | – | 36 | – |
| OT 2021 | United States v. Washington | Petitioner | Deputy Solicitor General | Won | 23 | 39% |
| OT 2021 | Federal Election Commission v. Ted Cruz for Senate | Petitioner | Deputy Solicitor General | Lost | 37 | 71% |
| OT 2021 | Carson v. Makin | Amicus (for respondent) | Deputy Solicitor General | Lost | 27 | 72% |
| OT 2020 | Mahanoy Area School District v. B.L. | Amicus (for petitioner) | Deputy Solicitor General | Lost | 28 | 33% |
| OT 2020 | No. 19-1434 | – | Deputy Solicitor General | – | 25 | – |
| OT 2020 | Federal Communications Commission v. Prometheus Radio Project | Petitioner | Deputy Solicitor General | Won | 22 | 46% |
| OT 2020 | Google LLC v. Oracle America Inc. | Amicus (for respondent) | Deputy Solicitor General | Lost | 15 | 43% |
| OT 2019 | Barr v. American Association of Political Consultants Inc. | Petitioner | Deputy Solicitor General | Lost | 26 | 42% |
| OT 2019 | Peter v. Nantkwest Inc. | Petitioner | Deputy Solicitor General | Lost | 36 | 63% |
| OT 2019 | County of Maui, Hawaii v. Hawaii Wildlife Fund | Amicus (for petitioner) | Deputy Solicitor General | Won | 16 | 77% |
| OT 2019 | Liu v. Securities and Exchange Commission | Respondent | Deputy Solicitor General | Lost | 13 | 57% |
| OT 2018 | Iancu v. Brunetti | Petitioner | Deputy Solicitor General | Lost | 43 | 71% |
| OT 2018 | Merck Sharp & Dohme Corp. v. Albrecht | Amicus (for petitioner) | Deputy Solicitor General | Won | 13 | 43% |
| OT 2018 | Return Mail Inc. v. U.S. Postal Service | Respondent | Deputy Solicitor General | Lost | 35 | 58% |
| OT 2018 | Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. | Amicus (for petitioner) | Deputy Solicitor General | Lost | 10 | 91% |
| OT 2017 | South Dakota v. Wayfair | Amicus | Deputy Solicitor General | – | 12 | 54% |
| OT 2017 | Ohio v. American Express Co. | Respondent | Deputy Solicitor General | Won | 19 | 60% |
| OT 2017 | Jennings v. Rodriguez | Petitioner | Deputy Solicitor General | Won | 38 | 78% |
| OT 2016 | Advocate Health Care Network v. Stapleton | Amicus (for petitioner) | Deputy Solicitor General | Won | 7 | 88% |
| OT 2016 | Matal v. Tam | Petitioner | Deputy Solicitor General | Lost | 44 | 93% |
| OT 2016 | Impression Products v. Lexmark International | Amicus (for petitioner) | Deputy Solicitor General | Won | 9 | 70% |
| OT 2015 | Universal Health Services, Inc. v. Escobar, Julio et al. | Amicus (for respondent) | Deputy Solicitor General | Lost | 19 | 47% |
| OT 2015 | United States Army Corp of Engineers v. Hawkes Co., Inc. | Petitioner | Deputy Solicitor General | Lost | 31 | 79% |
| OT 2015 | Spokeo, Inc. v. Robins | Amicus (for respondent) | Deputy Solicitor General | Lost | 17 | 78% |
| OT 2014 | Kimble v. Marvel Enterprises, Inc. | Amicus (for respondent) | Deputy Solicitor General | Won | 5 | 50% |
| OT 2014 | NC Bd. of Dental Examiners v. FTC | Respondent | Deputy Solicitor General | Won | 38 | 69% |
| OT 2014 | Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter | Amicus (for respondent) | Deputy Solicitor General | Lost | 16 | 59% |
| OT 2013 | American Broadcasting Cos. v. Aereo, Inc. | Amicus (for petitioner) | Deputy Solicitor General | Won | 8 | 38% |
| OT 2013 | Halliburton Co. v. Erica P. John Fund, Inc. | Amicus (for respondent) | Deputy Solicitor General | Lost | 9 | 20% |
| OT 2013 | United States v. Woods | Petitioner | Deputy Solicitor General | Won | 30 | 56% |
| OT 2013 | EPA v. Eme Homer City Generation | Petitioner | Deputy Solicitor General | Won | 37 | 64% |
| OT 2012 | Federal Trade Commission v. Actavis, Inc. et al. | Petitioner | Deputy Solicitor General | Won | 27 | 66% |
| OT 2012 | American Express Company et al. v. Italian Colors Restaurant et al. | Amicus (for respondent) | Deputy Solicitor General | Lost | 13 | 43% |
| OT 2012 | Supap Kirtsaeng, Dba BLUECHRISTINE99 v. John Wiley & Sons, Inc. | Amicus (for respondent) | Deputy Solicitor General | Lost | 13 | 43% |
| OT 2012 | Doug Decker, in His Official Capacity As Oregon State Forester et al. v. Northwest Environmental Defense Center; | Amicus | Deputy Solicitor General | – | 18 | 74% |
| OT 2011 | Michael Shane Christopher et al. v. Smithkline Beecham Corporation Dba Glaxosmithkline | Amicus (for petitioner) | Deputy Solicitor General | Lost | 33 | 62% |
| OT 2011 | United States v. Home Concrete & Supply, LLC et al. | Petitioner | Deputy Solicitor General | Lost | 44 | 83% |
| OT 2011 | Chantell Sackett, et vir v. Environmental Protection Agency et al. | Respondent | Deputy Solicitor General | Lost | 67 | 71% |
| OT 2010 | Microsoft Corporation v. I4I Limited Partnership et al. | Amicus (for respondent) | Deputy Solicitor General | Won | 3 | 75% |
| OT 2010 | Howard K. Stern, Executor of the Estate of Vicki Lynn Marshall, v. Elaine T. Marshall, Executrix of the Estate of E. Pierce Marshall | Amicus (for petitioner) | Deputy Solicitor General | Lost | 12 | 77% |
| OT 2010 | Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. et al. | Amicus (for petitioner) | Deputy Solicitor General | Lost | 14 | 73% |
| OT 2010 | Costco Wholesale Corporation v. Omega, S.A. | Amicus (for respondent) | Deputy Solicitor General | Won | 8 | – |
Names, roles and sides from each transcript's list of appearances; results from the Supreme Court Database (did the side argued for win). Remarks faced: Justice turns of five words or more right after this advocate spoke, open period only. Doubt: TypeSafe's Jev reading of those remarks (an experiment, available where our research run covered the case).