The individuals and organizations who decide to file an amicus brief must adhere to the specific regulations and guidelines, which are set by the United States Supreme Court. To file an amicus brief, the interested individual and or group must previously receive permission of all parties involved in the case, which is being heard. Although, “the United States Solicitor General, government agencies, and local or state governments do not have to seek permission to file” an amicus brief (Salzman; Williams; Calvin, 2011).
An Overview of Filing an Amicus Curiae Brief. Amicus curiae briefs act as the primary method of interest group involvement in the U.S. courts (Collins 2008). While the literal translation of amicus curiae, “friend of the court,” …show more content…
Supreme Court maintains an open-door policy with regard to the participation of organized interests (Collins 2008, 42; Kearney and Merrill 2000, 761). Under the Supreme Court Rule 37, private amici must obtain written permission from the parties to litigation to file an amicus curiae brief. However, representatives of the state, local, and territorial governments, as well as the federal government, need not fulfill this procedural requirement. Under U.S. Supreme Court Rule 37, amici are directed to indicate the position taken in the brief and are instructed to provide a statement of interest, outlining how the case affects their well-being. Rule 37 further specifies that the Court does not favor the input of third parties that merely repeat the arguments raised by the litigants: “An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored” ("Definition: Amicus …show more content…
Often, it is commonly recommended that amici hire an attorney to assemble and submit a brief on behalf of their membership to their organization/party. It is essential for meticulous analysis, elaborate writing and relevant arguments to be included in a successful, persuasive appellate brief to a court. According to McGuire (1994), lawyers who obtain a certain expertise in the agenda setting process, have been indicated to recruit support from organized interests to participate before the Court as amicus curiae. McGuire (1994) provides a significant background of U.S. Supreme Courts cases where lawyers have actively recruited the support of interests under the condition where both parties share similar goals, in the purpose for the Court to hear a case authoritatively on an issue of national importance. McGuire (1994) provides information which indicates that lawyers who actively recruit organized interests participate as an amicus curiae by the filing of a brief to a case under the review for a writ of certiorari, particularly are cases which present the greatest opportunity to influence the majority opinion of the
An Overview of Filing an Amicus Curiae Brief. Amicus curiae briefs act as the primary method of interest group involvement in the U.S. courts (Collins 2008). While the literal translation of amicus curiae, “friend of the court,” …show more content…
Supreme Court maintains an open-door policy with regard to the participation of organized interests (Collins 2008, 42; Kearney and Merrill 2000, 761). Under the Supreme Court Rule 37, private amici must obtain written permission from the parties to litigation to file an amicus curiae brief. However, representatives of the state, local, and territorial governments, as well as the federal government, need not fulfill this procedural requirement. Under U.S. Supreme Court Rule 37, amici are directed to indicate the position taken in the brief and are instructed to provide a statement of interest, outlining how the case affects their well-being. Rule 37 further specifies that the Court does not favor the input of third parties that merely repeat the arguments raised by the litigants: “An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored” ("Definition: Amicus …show more content…
Often, it is commonly recommended that amici hire an attorney to assemble and submit a brief on behalf of their membership to their organization/party. It is essential for meticulous analysis, elaborate writing and relevant arguments to be included in a successful, persuasive appellate brief to a court. According to McGuire (1994), lawyers who obtain a certain expertise in the agenda setting process, have been indicated to recruit support from organized interests to participate before the Court as amicus curiae. McGuire (1994) provides a significant background of U.S. Supreme Courts cases where lawyers have actively recruited the support of interests under the condition where both parties share similar goals, in the purpose for the Court to hear a case authoritatively on an issue of national importance. McGuire (1994) provides information which indicates that lawyers who actively recruit organized interests participate as an amicus curiae by the filing of a brief to a case under the review for a writ of certiorari, particularly are cases which present the greatest opportunity to influence the majority opinion of the