ABSTRACT

The dramatic growth of the number of amicus curiae briefs filed with the Court is among the most remarkable historical changes the justices have encountered in the decision-making environment. Persons or organizations submitting amicus curiae briefs hope to impact the business of the Supreme Court in one of two ways. First, a party filing an amicus curiae brief may seek to influence the justices' decisions concerning whether to grant or deny a request for issuance of the writ of certiorari, the document requiring that the record of lower-court actions in a case be sent to the Court for complete review on the merits. Second, an amicus curiae brief may be filed by a party seeking to shape the justices' final decision in a case and the content of the written opinion(s) the Court issues following that final decision. Court rules specify the circumstances under which amici briefs are permitted.