Amicus curiae briefs are important in legal cases because they provide additional perspectives and expertise to the court that may not be presented by the parties involved. These briefs help the court make more informed decisions and consider a wider range of arguments and implications.
An amicus curiae is brought about by the need to take into account additional information on court cases, such as expert opinion.
By filing an Amicus Curiae brief. Amicus curiae is a Latin term meaning "friend of the court". A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity, often in civil rights cases. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.The term may also refer to an outsider who may inform the court on a matter a judge is doubtful or mistaken in a matter of law. An amicus curiae application by a non-relative may be made to the court in favor of an infant or incompetent person. The court may give the arguments in the amicus curiae brief as much or as little weight as it chooses.
The vehicle through which representatives of special interest groups are able to express opinions on matters before the Court is called an amicus curiae (pl. amici curiae), or "friend of the court" brief (or sometimes academic paper) related to questions of law or fact in the case at bar.The group or individual filing the brief is not a party to the case, and has no legal standing to participate in litigation, but has an interest in the outcome. Often, the amicus presents a point of law or of psychological or sociological relevance to the case.In order to be eligible to provide an amicus curiae, a person or group not party to the litigation under review, but who believes the Court's decision may affect its interest, may file if: 1) the brief is accompanied by written consent of all parties; or, 2) they file a motion for leave to submit amicus curiae to the Supreme Court, identifying why the "friend" has an interest in the case, and explaining the reasons the submission may be useful to the Court.The Court is under no obligation to grant permission, nor to read the brief. Acceptance or rejection is solely at the Court's discretion, except when amici are filed by the United States, a U.S. agency, State, Territory, or Commonwealth. These are automatically accepted.Rule 37(1) of the Rules of the Supreme Court of the United States explains:"An amicus curiae brief that brings to the attention of the relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is generally not favored."At the request of chief counsel for either party, the Court may grant a motion of an amicus to participate in the oral argument. In this case, the Petitioner or Respondent (whichever is appropriate) must allocate part of his or her allotted 30 minutes for the amicus argument; the Court does not extend presentation time to accommodate additional speakers.(The last two paragraphs apply only to the Supreme Court of the United States.)Answer Normally, groups that have a financial, political, or philosophical reason to want the court to rule in a particular way in a given case ask the court for permission to file a brief as amicus curiae, and if the court grants permission then the group can do so.Answer In lower court cases, Amicus curiae or friend of the court is someone who brings to the courts attention some point of law or fact something which would otherwise have been overlooked. Usually this would be a member of the bar and occasionally the law officers are asked or are allowed to argue a case in which they are not instructed to appear.
I suppose that it could be but, in my experience, I have never seen or heard of it being done.Definition follows:Amicus Curiae is a Latin term meaning "friend of the court". A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity, often in civil rights cases. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.The term may also refer to an outsider who may inform the court on a matter a judge is doubtful or mistaken in a matter of law. An amicus curiae application by a non-relative may be made to the court in favor of an infant or incompetent person. The court may give the arguments in the amicus curiae brief as much or as little weight as it chooses.
One example of how interest groups shape policy through the courts is through filing amicus curiae briefs, or "friend of the court" briefs, in legal cases. These briefs provide additional information and perspectives that can influence the court's decision, often reflecting the interests and policy goals of the groups involved. By presenting research, expert opinions, or relevant case studies, interest groups seek to sway judicial outcomes in their favor, thereby impacting public policy indirectly.
It is a "friend of the court" brief. In important cases (typically in the US Supreme Court, but sometimes in other courts), organizations that are not involved in the dispute sometimes file briefs, inserting an argument for why the court should rule one way or the other. For example, in a case like Brown v. Board, where an individual is suing the school system asking that the schools be racially integrated, the court must determine whether or not it is legal for the system to segregate schools. Organizations such as NAACP would file amicus briefs, arguing that segregating is illegal.
The U.S. Solicitor General's Office, a part of the Department of Justice, argues for the United States when the nation is a party to a case. They also submit amicus curiae ("friend of the court") briefs when the nation has an interest in the outcome of a case to which it is not a party.Justice Elena Kagan was US Solicitor General before her elevation to the Supreme Court; Neal Katyal is currently (December 2010) the Acting Solicitor General.
Amici Curiae
Citizens and citizens' groups take part in court cases in many ways:First, through the U.S. jury system, citizens are chosen to engage in fact-finding and to help decide the outcome of the case.Second, citizens and citizens' groups can submit "amicuscuriae briefs" to the court. "Amicus curiae" literally means "friend of the court" in Latin -- these are briefs submitted by non-parties who are interested, somehow, in the issues of the case. They provide arguments and issues for the court to consider.Citizens also take part in court cases by providing testimony, acting as good character witnesses, etc.Because the nature of judicial proceedings is to vindicate individual rights, rather than public rights, however, the general public is not as involved in judicial proceedings as they are and should be with legislative issues.
The Supreme Court has discretion to hear whatever cases it chooses. Broadly speaking some types of cases that are more likely to be granted certiorari are those where there is a major difference on the issue between two or more Circuit Courts of Appeal, cases where a statute was found to be unconstitutional, and cases with a high degree of public interest, sometimes shown by the number of amicus briefs filed.
The companion cases Gratz v. Bollinger, 539 US 244 (2003) and Grutter v. Bollinger, 539 US 306 (2003), challenging the University of Michigan's Affirmative Action admissions policies, generated a total of 102 amicus briefs, the most in US Supreme Court history.Webster v. Reproductive Health Services, 492 US 490 (1989), an abortion rights case in which the Court upheld the constitutionality of Missouri legislation prohibiting the use of public employees and public facilities to perform abortions unless necessary to save the life of the mother, generated 78 amicus briefs.Citizen's United v. Federal Election Commission, 08-205 (2009), a current First Amendment case dealing with complex campaign reform issues, including the regulation of media (feature-length movies, books, etc.), generated 60 amicus briefs before reargument on September 9, 2009. The 60 amicii comprise more than 2,000 pages of briefs written by nearly 200 lawyers representing at least 100 public-interest groups, 8 former FEC Commissioners, 3 US Senators, 4 US Representatives, 2 former Representatives, and a retired Georgia Supreme Court Chief Justice.
There are at least two possible answers to this question:The justices' law clerks are known to influence case selectionPolitical Action Committees and special interest groups have been increasing the number of amici (amicus curiae) filed on cases before the Court.