About

Katyal says AI helped prep his Supreme Court oral argument in tariff case

Published
Score
13

Why it matters

Neal Katyal, a Milbank LLP litigator, disclosed in a recent TED talk that he used a custom AI system to prepare for Supreme Court oral argument in Learning Resources v. Trump, an IEEPA tariff dispute. The tool, developed with Harvey AI, was trained on 25 years of Supreme Court oral argument transcripts, opinions, concurrences, and dissents to predict likely questions from individual justices. Katyal said the system accurately forecasted many of the Court's questions, including those from Chief Justice John Roberts, and credited his own advocacy—informed by the AI analysis—with persuading the Court to decide the case in his client's favor in February 2026.

The details of how the AI system was constructed, what specific questions it predicted, and how extensively Katyal relied on its output during preparation remain unclear. The extent to which other Supreme Court advocates are using similar tools is also unknown.

For appellate practitioners, this disclosure signals that AI-assisted case preparation is moving from theoretical to operational at the highest levels of litigation. Firms investing in predictive legal technology may gain a measurable edge in identifying judicial priorities and framing arguments accordingly. Courts and bar associations may soon face questions about whether such tools require disclosure or raise ethical concerns around preparation methods. The broader implication is that Supreme Court practice—long dominated by experience and intuition—is becoming a domain where systematic data analysis of judicial behavior can inform strategy.

mail Subscribe to Law And Technology email updates

Primary sources. No fluff. Straight to your inbox.

Also on LawSnap