In the media surrounding a high-profile court case, the term “amicus curiae brief” often surfaces. For non-lawyers, this may prompt the question: What is an amicus curiae brief (amicus brief for short) and what is its purpose?

What is the purpose of an amicus brief?

Of Latin origin, meaning “friend of the court,” an amicus brief is a written argument that seeks to help provide input, aid, historical context, and outside information to the court. Often, the brief is used to provide expertise that the judge or justice may not have at their disposal.

Who files an amicus brief?

Anyone may file an amicus brief, but in most cases the brief is filed by an individual expert or group that has a specific interest in the case at hand. For instance, an economist may submit a brief that lays out the potential economic impact that a ruling would have on an industry. A group may file a brief to explain how the ruling could negatively or positively impact their efforts.

What are some examples of an amicus brief impacting a case?

Perhaps the most historic and impactful instance of an amicus brief’s use is in Brown v. Board of Education. In this instance, the brief provided constitutional background to why the idea of “separate but equal” was inherently unequal and ultimately discriminatory against black Americans.

Sutherland Institute’s constitutional law and religious freedom policy fellow, Bill Duncan, was referenced for his work on an amicus brief in Planned Parenthood v. Utah, in which he provided input on the religious freedom arguments about abortion. Duncan wrote that the defendant (the state of Utah) does not apply a religious viewpoint of when life begins, rather a biological one.

Conclusion

Amicus curiae briefs play an important role in the process of a court case. By providing documentation and expertise from specific fields and industries, individuals and groups are able to adequately ensure that the court has the means to make a fair, informed decision upon its respective case. In reviewing the briefs for each case, it helps the judge understand the impact that the decision may have outside of the defendant and plaintiff. This system helps keep the legal process balanced and informed about the repercussions of a wide variety of cases.