Amicus Curiae Briefs
Submission of amicus curiae briefs is
the easiest method by which interest
groups can become involved in cases.
This method allows a group to get its
message before the court even though
it does not control the case.
Provided
it has the permission of the parties to
the case or the permission of the
court, an interest group may submit
an amicus brief to supplement the arguments of the parties. The filing of
amicus briefs is a tactic used in appellate rather than trial courts, at both
the federal and the state levels.
Sometimes these briefs are aimed
at strengthening the position of one of the parties in the case. When the
Wisconsin v. Yoder case was argued
before the U.S. Supreme Court, the
cause of the Amish was supported by
amicus curiae briefs filed by the
General Conference of Seventh Day
Adventists, the National Council of
Churches of Christ in the United
States, the Synagogue Council of
America,
the American Jewish Congress, the National Jewish Commission on Law and Public Affairs, and
the Mennonite Central Committee.
Sometimes friend-of-the-court
briefs are used not to strengthen the
arguments of one of the parties but to
suggest to the court the group’s own
view of how the case should be resolved. Amicus curiae briefs are often
filed in an attempt to persuade an appellate court to either grant or deny
review of a lower-court decision. A
study of the U.S. Supreme Court
found that the presence of amicus
briefs significantly increased the
chances that the Court would give full
treatment to a case.
Unlike private interest groups,
all levels of the government can submit amicus briefs without obtaining
permission. The solicitor general of
the United States is especially important in this regard, and in some
instances the Supreme Court may
invite the solicitor general to present
an amicus brief.
