Amicus Brief Essay

Abstract In previous research studies, it has been indicated that amicus briefs which have been filed by organized interests groups have an influence on the U.S. Supreme Court’s decision to issue a writ of certiorari. However, in past studies, the reasons which lead organized interest groups to file an amicus brief are left unknown. I seek to identify the most active participating organized interests as amicus curiae, how often they participate and when they decide whether or not to pursue a case before the Supreme Court while under the review for a writ of certiorari. I also specifically examine the factors which influence the number of amicus curiae briefs filed in a case before the U.S. Supreme Court. I argue that (1) organized interest groups will file an amicus brief in a case presenting the greatest opportunity to achieve long-lasting policy goals, (2) where a case addresses a low-information environment of the Court, or (3) recognizes uncertainty in influencing group behavior. To test these hypotheses, I reference data from 1953 to 2001, which specifically analyzes the Court and particular case determinants, which both steer a change in the number of amicus briefs that are filed in the Supreme Court. Examining this data, I find evidence which supports all of my previously stated hypotheses, pertaining to why specific cases attract more interest groups amicus activity than others. I also reference data from the cases of the 1982 Supreme Court term, to classify most active interests and the number of briefs filed. Also, I test a sample of data of interests and their amicus curiae brief filings in the 1991-1995 Supreme Court terms. The results of this analysis indicate that the Supreme Court is accessible to a diverse array of organized interests during both stages of judicial decision-making, providing organized interests to pursue cases which are relatively poor in subject information. Key Words: Amicus Curiae, Certiorari, Supreme Court, Interest Group, Policy Goals Introduction The following study is aimed to focus on the influence of amicus curiae (“friend of the court,”) to the United States Supreme Court, specifically, a case which has come under review for a grant of certiorari. This study also concentrates on the definitive conditions which an interest group will file an amicus brief, who specifically participate as amici, and how often they submit briefs and understand the conditions by which they decide to file a brief during appellate ligation. Amicus curiae, a latin phrase meaning “friend of the court,” is a submitted document to a court, offering the judges new information or a differing perspective from what the prior parties’ have previously presented. …show more content…
These briefs are considered to be relatively influential as they offer a major opportunity for non-parties to participate during appellate litigation. Amicus curiae briefs specifically influence in appeals of vital legal issues. They are also considerably critical during the judicial decision-making process as these briefs vary in comparison to party briefs. An amicus curiae brief may enclose factual information/public policy statements which may not have been formerly provided, citations to disconcert cases which are presented relevant to the dispute at bar, etc. As amicus curiae briefs have increasingly multiplied in participation rates of interest groups, featuring in both the state and federal appellate litigation, this study is specifically aimed to identify the factors and conditions which an organized interests will