By Empirical SCOTUS, August 24, 2018
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Good writing makes a world of difference in appellate practice. In an era where some scholars question whether oral arguments have very much utility, briefs, and especially amicus briefs, are thought to play a unique role in Supreme Court decision making. The Court receives briefs in large numbers, with amicus briefs leading the way. Cases with broad national repercussions may garner 100 amicus briefs or more (one example of a case with over 100 such briefs is Obergefell v. Hodges). With so many filings, the justices tend not to read each brief and may instead delegate the bulk of this task to their clerks.
Groups filing amicus briefs have several ways to capture the attention of clerks and justices. Certain groups with already established credibility like the Office of the Solicitor General (OSG) are known to impact the Court’s opinions with their amicus briefs. Others that lack this institutional standing must seek out alternative means to persuade justices and clerks to read their writings.
