Amicus curiae briefs can play an important role in Supreme Court advocacy by bringing relevant facts and argument to the Court’s attention that the parties have not addressed. Therefore, Amici have a unique opportunity to shape the outcome of a decision. The incidence of Amicus curiae participation in the Supreme Court has increased dramatically over [...]
Last November, the Supreme Court granted cert. review of the latest in a long series of challenges to the so-called birth-control mandate of the Affordable Care Act. Petitioners have argued that the mandate places a burden on their religious exercise, even with an accommodation from the government. All seven cases -- Nos. 14-1418, 14-1453, 14-1505, [...]
During the 2014-2015 Supreme Court term, amicus briefs were filed in 98 percent of merits stage cases. A total of 781 amicus briefs – or almost 12 per case – were filed in controversies set for oral argument last year. “That’s more than double the briefs-per-case filed in the 1990s, and 12 times those [...]
Public interest groups, legal clinics, and state Attorneys General file amicus briefs in the Supreme Court to provide data and perspective to the Justices to assist in deciding complex cases. For example, a well-crafted amicus brief can present argument or cite authorities not found in the parties’ briefs, and can play an important role in [...]
In January, the Supreme Court granted cert. review of the same-sex marriage bans in Michigan, Ohio, Kentucky, and Tennessee to determine whether state-level bans against gay marriage, as well as state laws forbidding the recognition of gay marriages performed in other states, violate the federal Constitution. All four cases – #14-556, #14-562, #14-571, and [...]