Amicus Briefs

What Is an Amicus Brief and How Does It Help a Case Succeed?

An amicus brief—short for amicus curiae, meaning “friend of the court”—is a legal document submitted by an individual or organization that is not directly involved in a case but has a significant interest in its outcome. These briefs offer courts valuable information, expert analysis, or unique perspectives to help them make more informed decisions. Although the “amicus” is neither a plaintiff nor a defendant, their goal is to influence the court’s interpretation of the law and its broader implications. The Liberty Justice Center regularly files amicus briefs at both the appellate and Supreme Court levels, contributing to critical legal debates throughout the year.

The Role of Amicus Briefs in the Supreme Court

Amicus briefs are particularly significant at the U.S. Supreme Court, where over 7,000 certiorari petitions are filed annually, but only about 75 cases are selected for review. These briefs help the justices, and their clerks, identify cases of importance and provide critical insights that shape the Court’s reasoning on constitutional and statutory issues.

How Amicus Briefs Help the Court

Amicus briefs serve several key purposes:

1. Clarifying Legal Issues
   They provide broader legal context or address issues that the main parties may have overlooked or underemphasized.
2. Providing Expertise and Insights
   Many amicus briefs are submitted by organizations, advocacy groups, or experts with specialized knowledge relevant to the case, offering perspectives that the parties themselves may not be able to provide.
3. Influencing the Court’s Decision
   While courts are not obligated to follow the arguments presented in an amicus brief, these documents can shape the legal landscape and influence judicial reasoning.

Filing Rules for Amicus Briefs at the Supreme Court

Only attorneys admitted to practice before the Supreme Court can file amicus briefs, and there are specific rules governing their submission:

1. Before Certiorari Is Granted
   Amicus briefs can be filed to urge the Court to either hear or decline a case.
2. After Certiorari Is Granted
   • Amicus briefs supporting the petitioner or neither party are due seven days after the petitioner files their opening brief.
   • Amicus briefs supporting the respondent are due seven days after the respondent files their merits brief.

These rules ensure that the Court has ample time to consider the arguments presented by amici.

The Value of Amicus Briefs

Supreme Court cases often have far-reaching implications, and amicus briefs help ensure that the Court makes the most informed and fair decisions possible. By providing additional perspectives and expertise, these briefs equip the Court to better understand the broader impact of its rulings.

The Cost of Amicus Briefs

Amicus briefs are a powerful tool, but they can be expensive. In the private sector, the cost of preparing and filing a single amicus brief can exceed $50,000, factoring in billable hours, filing fees, and printing costs. However, organizations like the LJC (Liberty Justice Center) provide significant support to their network partners, delivering over $1.5 million annually in amicus advocacy. This ensures that critical constitutional issues receive the attention they deserve at the highest levels of the judiciary.

Amicus briefs are an essential part of the judicial process, offering courts the insights and expertise needed to navigate complex legal questions and make decisions with far-reaching consequences.