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 …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,