Friends of the Earth and Friends of the Court: Assessing the Impact of Interest Group Amici Curiae in Environmental Cases Decided by the Supreme Court
By Susan Hedman
INTRODUCTION
“Amicus curiae participation by private groups is now the norm rather than the exception” in cases decided by the United States Supreme Court. In fact, “it is quite possible that the Supreme Court now reviews more briefs from amici than from parties.” However, “it is not clear . . . what effect amicus briefs have on court decision making” because “political scientists, with few exceptions, have not measured the impact of these briefs.”
The absence of information about interest group amici impact on the court is surprising, in light of its potential value for an audience that ranges from practicing attorneys to political theorists. For interest group tacticians, practical knowledge about the effectiveness of amicus briefs is crucial to making informed decisions about litigation strategy and resource allocation. For political theorists, data showing the nature and degree of influence that “outside” or non-party interests have on the Court is an essential input for theoretical models of the judicial process.
Have interest group amici had an impact on Supreme Court decision making? This study assesses evidence of amici impact, focusing on environmental cases decided by the Supreme Court. As Professor Wenner points out:
Environmental law affords a good perspective from which to view interest group litigation, as two major types of interest groups are represented in most environmental cases: environmental groups and business organizations.
“Amicus curiae participation by private groups is now the norm rather than the exception” in cases decided by the United States Supreme Court. In fact, “it is quite possible that the Supreme Court now reviews more briefs from amici than from parties.” However, “it is not clear . . . what effect amicus briefs have on court decision making” because “political scientists, with few exceptions, have not measured the impact of these briefs.”
The absence of information about interest group amici impact on the court is surprising, in light of its potential value for an audience that ranges from practicing attorneys to political theorists. For interest group tacticians, practical knowledge about the effectiveness of amicus briefs is crucial to making informed decisions about litigation strategy and resource allocation. For political theorists, data showing the nature and degree of influence that “outside” or non-party interests have on the Court is an essential input for theoretical models of the judicial process.
Have interest group amici had an impact on Supreme Court decision making? This study assesses evidence of amici impact, focusing on environmental cases decided by the Supreme Court. As Professor Wenner points out:
Environmental law affords a good perspective from which to view interest group litigation, as two major types of interest groups are represented in most environmental cases: environmental groups and business organizations.
