Amicus Briefs in the Supreme Court

Despite the heavy caseload of the Supreme Court, I have little doubt that the Court welcomes amicus curiae briefs of high quality. Amicus briefs provide data and perspective to the Justices that assist them in deciding complex cases. Justice Black observed that "[m]ost cases before this Court involve matters that affect far more people than the immediate record parties" (346 U.S. 947). Wise disposition of cases like these frequently requires information beyond the grasp of the litigants. The paradox has been that only certain types of associations appear very often as friends of the court. Business groups, for example, file fewer amicus briefs than the issues warrant.

The Supreme Court's frequent requests to the Solicitor General to file an amicus brief attest to their importance. In fact, even without a request, the Solicitor General files about 50 amicus briefs each Term. The opinions of the Court often refer to them.