Amicus Briefs and Their Influence

Amicus curiae means friend of the court. Amicus briefs are filed by non-parties who believe a case affects their interests, and they have become central to Supreme Court practice. Landmark cases now draw dozens or even hundreds of them.

Effective briefs offer new arguments, empirical data, historical evidence, or perspectives the parties missed, rather than repeating party positions. Historians, economists, states, advocacy organizations, and businesses all participate. Influence is mostly indirect, shaping frameworks and supplying material for opinions, but the practice has reshaped how the Court is briefed.

Outside expertise has repeatedly left its mark on doctrine..