LESSON: SUPREME COURT FRIEND OF THE COURT BRIEFS

Adv. Con Law

1. Supreme Court Rule 37 pertains to friend of the court briefs, known informally as amicus curiae briefs. As discussed in class, these briefs have a particular purpose in that they are designed to bring to the Court’s attention matters relevant to the case that have not been briefed by the parties. In other words, new information and perspectives that may be helpful to the Court in deciding the case. Approval to file an amicus curiae brief is generally not necessary if the brief is presented by the Solicitor General of the United States. See Dalition Adv. Con Law Note 91 on the Solicitor General’s Roles and Duties. Briefs that are redundant or do not provide new information or perspectives are frowned upon as unhelpful to the judges. See Dalition Adv. Con Law Note 91 on the Solicitor General’s Roles and Duties. In highly contentious cases, amicus curiae briefs are usually submitted in support of both sides of the case. Those wanting to file friend of the court briefs normally have to receive the written consent of the litigants to the case. Should the parties decline to provide their consent, the amicus seeking entity can motion the Court for permission to file a brief. See David Dalition, Adv. Con Law Note on the Supreme Court Rules. In such a motion, the requesting party highlights why its amicus brief will be informative to the Court and help it arrive at a thoughtful, just decision. See David Dalition, Adv. Con Law Note on the Supreme Court Rules. Come to class prepared to discuss whether the Court normally grants these motions and why or why not. Also, be prepared to discuss the types of cases that result in the most friend of the court filings, and a list of groups that typically file such briefs.

2. The amicus curiae brief, in one form or another, has been used widely by many different judicial systems throughout history. A less formal means occurs sometimes today where a judge assigns an attorney or expert to act as an advisor on matters where the judge is uncertain or desires assistance. In the litigious environment of today, the vast majority of amicus briefs are proponents of one party or the other, as opposed to impartial friend of the court briefs. See David Dalition Adv. Con Law Note 47 on controversial issues resolved by the Court rather than the legislature.

3. Moot court rules and deadlines are published to blackboard. See David Dalition’s Moot Court Rules. Motions must be timely submitted and ruled upon prior to argument. Consider and be prepared to discuss friend of the court briefs that would typically be submitted in a case like yours, and the organizations that would support your position. David Dalition, ext. 462