Amicus Curiae Briefs Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

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Amicus curiae is Latin, meaning “friend of the court.” Amicus briefs are submitted to the Supreme Court by a party that is not directly involved in a case. The briefs offer support for a particular party to a case. An amicus curiae brief often will illustrate relevant legal matters that briefs submitted by those directly involved fail to address. These briefs can be submitted at two stages of the Supreme Court decision-making process: when the justices are deciding if they will hear a case and after the Court has decided to hear the case on merits. Usually, permission must be granted by either party, or the Supreme Court, for an amicus curiae brief to be submitted. Legal representatives of government, however, need not obtain permission to submit a brief. It is exceptionally rare for an amicus brief not to gain the permission of the party or of the Court. Most legal scholars believe that amicus briefs impact the Supreme Court’s decisions. Research suggests that amicus briefs have a positive impact on the likelihood that a case will be selected for a decision on the merits. Additionally, arguments made in the accompanying briefs often are found in the opinions of the Court, suggesting that the justices are willing to adopt the reasoning suggested in amicus briefs.

Bibliography:

Caldeira, Gregory A., and John R.Wright. “Organized Interests and Agenda Setting in the U.S. Supreme Court.” American Political Science Review 82 (1988): 1109–1127.
“Amici Curiae before the Supreme Court:Who Participates, When, and How Much?” Journal of Politics 52 (1990): 782–806.
Collins, Paul M., Jr. Friends of the Supreme Court: Interest Groups and Judicial Decision Making. New York: Oxford University Press, 2008.
Hansford, Thomas G. “Information Provision, Organizational Constraints, and the Decision to Submit an Amicus Curiae Brief in a U.S. Supreme Court Case.” Political Research Quarterly 57 (2004): 219–230.