ABSTRACT

In this chapter the authors discuss the role of interest groups in the judicial process. They focus in detail on the development of conservative litigating interest groups. The authors provide quantitative data concerning rates of participation and discuss conservative public interest law in the Reagan era. They examine conservative public interest litigation in the 1980s. Liberal interest groups viewed the Supreme Court as a mechanism for accomplishing change unattainable through the duly elected legislatures; in contrast, conservatives saw the Court as a body that interpreted the law. The creation of so many conservative public interest law firms and special interest groups in such a short period in the 1970s led to intense competition for recognition, funds, members, and even personnel. According to Truman, these generally conservative groups often resorted to the courts after first achieving a voice in agency policymaking or access to legislators.