Photo Credit: create jobs 51 Do Amicus Briefs Have Any Effect?
APPELLATE ANSWERS: One study found that the difference was trivial, and yet amicus filings are made in 98% of cases in the United States Supreme Court.
November 19, 2021 at 12:00 PM
6 minute read
Does the filing of amicus curiae briefs improve the likelihood of a party's success? One study found the "differences in success rates of litigants who received amicus support and those who did not was trivial." K. J. Lynch, Best Friends?: Supreme Court Law Clerks on Effective Amicus Curiae Briefs, 20 J. L. & Politics 33, 37 (Winter 2004). Yet, amicus filings in the United States Supreme Court have increased more than 800% since the 1950s, and now are made in 98% of the Court's cases. A.O. Larsen & N. Devins, The Amicus Machine, 102 Va. L. Rev. 1901, 1902 (Dec. 2016).
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