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The Evolving Role of the Amicus Brief

The role and nature of amicus curiae ("friend of the court") briefs have evolved significantly over time, transforming from a neutral source of additional legal or factual information to a more influential form of advocacy. Here’s an exploration into this transformation:

Historical Context

• Original Function: Initially, amicus briefs were intended to assist judges by providing relevant and accurate information that could prevent errors in the court's decision-making process.

Modern Evolution

• Shift to Advocacy: Over time, these briefs have taken on a more advocacy-oriented role. Instead of merely informing, they now often aim to shape the court’s perspective and influence its decisions. Some scholars even describe this practice as "judicial lobbying," where organizations and individuals use amicus briefs to advocate for specific outcomes.

Cert Stage Briefs

• Purpose: At the certiorari (cert) stage, amicus briefs opine on whether the Supreme Court should take a case at all.
• Popularity Growth: Between 1982 and 2014, the share of cert petitions accompanied by at least one amicus brief more than doubled from 6%

Read the full article at SCOTUSblog

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