While an amicus brief may be filed with an appellate court, or a state supreme court, they are most commonly submitted to the highest court in the land, the U.S. Supreme Court.The sheer volume of cases that makes its way to the Supreme Court creates a monumental task when it comes to researching all pertinent information necessary to make such important rulings. Although consent must be obtained to submit an amicus brief to the Supreme Court, no consent is required for any officer or agent of the U.S. government.Redwood School District has become embroiled in a legal battle over the establishment of magnet schools in the district, which are intended to attract students interested in a certain track of learning. As an example, in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), the APA presented amicus briefs containing extensive psychological research to assist the Supreme Court’s scrutiny of a Pennsylvania law requiring married women to obtain consent from their husbands before obtaining an abortion. If the trial court’s ruling on such a case is appealed, there is a possibility that a higher court’s decision could become binding precedent, meaning that the decision would be used to decide similar cases in the future.In such cases, a non-party that is likely to be affected by the higher court’s decision may prepare and submit an amicus brief, providing additional insight with a broader view than what either party to the actual case is likely to provide the court.
In a 5:4 decision, in which the research presented by APA was central, the Supreme Court held that the Eighth Amendment of the Constitution prohibits the imposition of the death penalty on juveniles under the age of 18 when the crime was committed. Because these Normally, the court can only consider testimony and evidence provided by the actual parties to any litigation.
For example, amici have no right to settle or refuse to settle claims, to raise a claim or a defense that the parties did not, or even to join a person that the parties did not. Because this is an issue for which the Supreme Court’s decision would have broad impact nationwide, several other school districts not party to the litigation, request and are granted permission to submit amicus briefs.While attorneys for the litigants on either side of the case will present arguments and facts that most favor their clients, the amicus briefs should contain information gathered as these non-parties consider the broad view of the matter, including how each outcome is likely to affect all people and entities touched by the issue. An amicus curiae brief that supports the position of the respondent is due within 7 days of the respondent’s deadline for filing its brief.The cover of the brief must list a member of the appellate or supreme court bar as the Counsel of Record, though it is common for several attorneys to collaborate on the brief.
Amicus curiae briefs that focus on social policy instead of pure legal argument have come to be known as “Brandeis briefs,” named for the first filing by Louis Brandeis, later appointed a Supreme Court justice. Seventeenth-century England provides the first known occurrence of what is now understood as an amicus brief to aid judges in avoiding legal errors and maintaining judicial honor. In fact, many amicus briefs are submitted by a wide variety of governmental agencies, such as school districts, healthcare divisions, and law enforcement agencies. The Supreme Court found that the Pennsylvania law placed an unacceptable burden on women and declared the law unconstitutional.In the Court’s 2005 decision in Roper v. Simmons, which presented the constitutionality of imposing the death penalty on someone who was under 18 when the murder was committed, the APA presented research on juvenile behavior, maturity, decision-making ability, and criminology.
From one point of view, the amicus curiae brief is a beneficial vehicle, providing arguments, technical information, or authorities not included by the parties. An amicus is not a party to the case entitled to be heard as a matter of right but an individual or an organization granted discretionary leave to file a written brief to provide insight into an issue that the parties to the case may not be able to have because of lack of time, space, or expertise.
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