Are amicus briefs lobbying?
Asked by: Vernon Cronin | Last update: July 22, 2025Score: 4.9/5 (14 votes)
Amicus briefs have become an increasingly influential tool for powerful interest groups seeking to lobby the federal courts. While interest groups lobbying Congress face stringent financial disclosure requirements, no similar requirements exist for judicial lobbying.
What is the purpose of an amicus brief?
Amicus curiae briefs aim to provide the court with additional perspectives and information. They do not merely side with one party but present arguments and relevant data to aid the court's decision-making process. These briefs must also disclose the filer's interest in the case.
Are amicus briefs pro bono?
The Amicus Project at Southwestern is a first-of-its-kind professional outreach program, enabling law students to gain practical experience by preparing amicus—or "friend of the court"—briefs* on a pro bono basis for cases in which one is needed.
Does the Supreme Court actually read amicus briefs?
Clerk comments suggest that, while most justices will not read the majority of amicus briefs, many will read the exceptional, superior amicus brief. A few clerks noted that, in cases where fewer amicus briefs are filed, there is a greater probability that each will be given more attention.
Can a party respond to an amicus brief?
(7) If the court grants the application, any party may file either an answer to the individual amicus curiae brief or a consolidated answer to multiple amicus curiae briefs filed in the case.
Uses (and Misuses) of Amicus Briefs
Do lobbyists file amicus curiae briefs?
Amicus briefs have become an increasingly influential tool for powerful interest groups seeking to lobby the federal courts. While interest groups lobbying Congress face stringent financial disclosure requirements, no similar requirements exist for judicial lobbying.
What is the rule 29 statement?
This Rule 29(a) governs amicus filings during a court's initial consideration of a case on the merits. (2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court.
How much does an amicus brief cost?
For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a flat fee between $10,000 and $15,000.” And occasionally, depending on the circumstances, my answer is “nothing but the cost of printing ...
Who is most likely to write an amicus brief?
Amicus briefs are filed by people who typically take the position of one side in a case, in the process supporting a cause that has some bearing on the issues in the case. The groups most likely to file amicus briefs are businesses, academics, government entities, non-profits and trade associations.
Can non lawyers write amicus briefs?
Absolutely. And you certainly don't even need to be a lawyer or even graduated high school. It's a Latin term that simply means a friend of the court brief. There is absolutely no threshold legally or any requirements that you must meet, for you to file an amicus brief to a federal court.
Can anyone submit an amicus brief to the Supreme Court?
Anyone or any entity may file an Amicus Brief; however, the Counsel of Record must be a member of the Supreme Court Bar.
Why do lawyers pro bono?
In addition to serving those unable to afford legal services, pro bono prepares you to practice law and offers the opportunity for training and mentoring by experienced attorneys. Volunteering also allows you to develop a professional network, cultivate legal mentors, and explore new areas of law.
What is the difference between a merit brief and an amicus brief?
Most amicus briefs are filed in response to a petition for a writ of certiorari, which advises the court on whether it should hear the case. Others are filed on the merits of the litigation, meaning they present arguments in a case already being heard.
Why do you think so many amicus briefs are filed with the court?
Cato at the Supreme Court. The Cato Institute is one of the biggest filers of amicus curiae (Latin for “friend of the court”) briefs in the Supreme Court. These briefs are filed with the Supreme Court by third parties who have a special interest or expertise in a case and want to influence the Court's decisions.
What is the rule of four?
The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.
What is the difference between Amici and amicus?
Amici advise and assist courts on matters of law. Amici bring to the court's attention certain matters of law that may have escaped court's or parties' consideration. An amicus' role is limited to advising, they may not participate in the litigation as a party or an attorney to a party.
Is an amicus brief considered litigation?
While those filing the amicus brief are not involved in the litigation of the case, they can submit their brief to offer further information, expertise, arguments, or perspectives that can help the court decide in favor of the party which the “amici curiae”—or the group submitting the amicus brief—supports.
How many amicus briefs were filed for the Dobbs decision?
Nearly 140 amicus briefs were filed in Dobbs v. Jackson Women's Health Organization, the case overturning Roe v. Wade (which received 23 amici filings 50 years earlier). Amicus briefs demonstrably influence case outcomes.
How long should an amicus brief be?
Rule 29(a)(4) applies to the amicus brief. The brief must not exceed 2,600 words. (5) Time for Filing. An amicus curiae supporting the petition for rehearing or supporting neither party must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the petition is filed.
How do you write a good amicus brief?
The only required sections of text of an amicus brief are the interests of the amicus, the summary of argument, the argument and a conclusion. Rule 37.5. Each of these should be a separate section, with a separate heading and text. The brief need not set forth the questions presented in the case.
Where are amicus briefs filed?
In addition, the collection also includes EEOC amicus briefs filed in the U.S. Courts of Appeals, district courts, and state courts.
Can a party file an amicus brief?
(1) Within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, any person or entity may serve and file an application for permission of the presiding justice to file an amicus curiae brief.
What does Rule 61 mean?
Rule 61 – Harmless Error. Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order.
What is a Rule 7.1 statement?
Rule 7.1 is further amended to require a party or intervenor in an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a) to name and disclose the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor.
Why do people file amicus briefs?
More specifically, amicus briefs help educate the court about possible the public policy implications of a decision, providing the court with economic, social science, or historical perspectives, as well as technical assistance or industry data necessary to make informed decisions.