The Use of Amicus Briefs

Abstract

Judicial decisions play an important role in shaping public policy. Recognizing this, interest groups and other entities lobby judges in an attempt to translate their policy preferences into law. One of the primary vehicles for doing so is the amicus curiae brief. Through these legal briefs, amici can attempt to influence judicial outcomes while attending to organizational maintenance concerns. This article examines scholarship on the use of amicus briefs pertaining to five main areas: ( a) why amicus briefs are filed, ( b) who files amicus briefs and in what venues, ( c) the content of amicus briefs, ( d) the influence of amicus briefs, and ( e) normative issues implicated in the amicus practice. In addition to presenting a critical review of the scholarship in these areas, this article also provides suggestions for future research on amicus briefs.