The government is, in many ways, stronger than private litigants. For example, the government is insensitive to costs and enjoys explicit and implicit presumptions of legitimacy. Those advantages give the government a significant edge over private litigants; in truth, these factors tip the scale in many cases.
At the same time, the government has significant vulnerabilities relative to private parties. The government is, for example, subject to public records laws and political pressures in ways that private parties are not. And certain constitutional, ethical, and procedural requirements apply only against governmental actors.
Statecraft approaches government litigation with these strengths and weaknesses in mind. We understand very well the parties’ different pressure points, and plan our cases accordingly. This perspective allows us to litigate against the government with unusual efficiency and effectiveness.