Elizabeth Prelogar Unexpectedly Argues T.M. v. University of Maryland Medical System Case at Supreme Court

When the Supreme Court grants certiorari in a new case, legal observers often track the attorneys involved. I maintain a running tally of Supreme Court arguments by prominent members of the bar. When the Court granted cert in T.M. v. University of Maryland Medical System Corporation, I took immediate notice.

The original Counsel of Record for the Petitioner was Kannon Shanmugam of Paul Weiss. The case appeared to be handled pro bono, as the petitioner, T.M., sued the hospital system for medical malpractice. The Counsel of Record for the Respondent was Lisa Blatt of Williams Connolly.

I anticipated watching Shanmugam and Blatt argue this high-profile case. Both are titans of the Supreme Court bar, known for their expertise and courtroom presence. However, their arguments never materialized.

Instead, Elizabeth Prelogar of Cooley LLP delivered the oral arguments today. Prelogar’s name did not appear on the Petitioner’s opening brief or reply brief. While Shanmugam remains listed as Counsel of Record, Prelogar’s name now appears on the docket page.

Why Did Elizabeth Prelogar Take Over the Case?

Typically, senior Supreme Court litigators assign cases to junior partners or associates to provide them with experience at the high court. Alternatively, when two major Supreme Court firms are involved, the firms may negotiate which one presents the argument. The client may also choose the attorney. In cases with multiple clients, disputes can arise, sometimes resolved by a coin toss.

However, this situation is unprecedented. Prelogar, a veteran Supreme Court litigator, filed all cert-stage and merit-stage briefs before handing the case to another attorney at a different firm. The fact that this case is pro bono adds another layer of unusual circumstances. There was only one client—a private individual—rather than an institution with a legal department to advise on attorney selection.

Shanmugam was involved in the cert petition, indicating he had handled the case for some time. Prelogar’s sudden appearance as the arguing attorney raises questions. Did a conflict arise? The docket shows Shanmugam is still listed on the brief for next week’s case, Cisco Systems v. Doe, though Chris Michel of Quinn Emanuel is Counsel of Record.

Elizabeth Prelogar’s Supreme Court Record

Prelogar’s first Supreme Court argument since returning to private practice occurred today. Prior to this, she faced multiple cert denials in Stroble v. Oklahoma Tax Commission, Tuopeh v. South Dakota, and Little v. Llano County.

Shanmugam, by contrast, has argued multiple cases in quick succession. In 2024, he argued a case in February and another in March. In 2021, he argued cases on November 10 and November 30. In 2020, he argued on November 3, December 8, and January 19. In 2018, he argued on October 29 and November 7.

Even if Shanmugam could not argue two Supreme Court cases back-to-back, his advocacy skills are well-documented. The sudden switch to Prelogar remains unexplained, leaving the legal community to speculate about the reasons behind this unusual decision.