Constitutional Precedent of Amicus Briefs

Resolving Amicus Curiae Motions in the Third Circuit and Beyond

Amicus curiae briefs are deeply woven into the fabric of modern federal appellate practice. Indeed, amici curiae submit briefs in approximately ninety percent of the cases that the United States Supreme Court entertains, and the Justices deny a minuscule number of amicus requests to participate. Amicus practice is less ubiquitous in the United States Courts of Appeals. Amici seek to file compar...

Using science to influence the Supreme Court on the right to refuse treatment: amicus curiae briefs in Washington v. Harper.

The Supreme Court's use of empirical behavioral science data has grown dramatically in the 40 years since Brown v. Board of Education. Most of these data are submitted in amicus curiae (friend of the court) briefs submitted by parties with an interest in the outcome of the significant mental health law cases coming before the court. The increasing use of such briefs raises important questions. ...

Quality Over Quantity: Amici Influence and Judicial Decision Making

Interest groups often make their preferences known on cases before the U.S. Supreme Court via amicus curiae briefs. In evaluating the case and related arguments, we posit that judges take into account more than just the number of supporters for the liberal and conservative positions. Specifically, judges’ decisions may also reflect the relative power of the groups. We use network position to me...

Are All Genes Equal?

The year 2013 can aptly be called the “year of genes” at the Supreme Court. From the Monsanto gene patents case1 to the genetic fingerprinting of arrestees,2 the Court grappled with difficult questions arising out of an increasing application of genetics to various aspects of our society. Then came Association for Molecular Pathology v. Myriad Genetics, Inc., the muchpublicized case involving t...

The pressure of precedent: a critique of the conservative approaches to stare decisis in abortion cases.