Congressional Participation as Amicus Curiae Before the US Supreme Court American Legal Institutions Law and Society edition by Judithanne Scourfield Mclauchlan Professional Technical eBooks
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Scourfield McLauchlan studies how Members of Congress participate in cases before the Supreme Court. Members have filed amicus curiae briefs every Term since 1977. The frequency of Congressional participation before the Court continues to rise, and it is now a fixture in Supreme Court litigation. McLauchlan examines how often Members of Congress participate as "friend of the court," what types of cases attract Congressional attention, what motivates Congressmen to file amicus briefs, and whether Congressional "friends of the court" influence Supreme Court decision-making. She explores the implications of this trend for the principles of separation of powers and judicial independence.
Congressional Participation as Amicus Curiae Before the US Supreme Court American Legal Institutions Law and Society edition by Judithanne Scourfield Mclauchlan Professional Technical eBooks
Those of us who are Court watchers usually associate amicus curiae (or friend of the court) briefs with interest groups, who are most frequent sources of such briefs. What has generally been overlooked, that is until this fine book made its appearance, has been the involvement of Congress in the filing of amicus briefs with the Supreme Court. Based upon extensive and painstaking research by the author, the utilization of this technique by Congress and its individual members becomes much easier to discern. Focusing basically upon the period since 1977, the author addresses such key topics as who in Congress is likely to participate in filing amicus briefs; what types of cases are likely to draw Congressional amicus attention; what motivates members of Congress to file such briefs; and most importantly, who actual effect do Congressional amicus briefs have on Supreme Court decision. The author relies upon published sources and her own extensive interviewing, particularly of members, staffers, and most importantly former Supreme Court clerks to get at these issues. Many helpful charts are included to facilitate understanding of the data; and, believe it or not, the footnotes actually appear at the base of the page, which makes following the analysis very much easier. To oversimplify, the author basically concludes that Congressional amicus briefs have little if any impact generally on the Court (except perhaps in difficult statutory interpretation situations), but since the real purposes behind filing such briefs (scoring points with interest groups and constituents, e.g.) are not dependent upon winning in the Court, this is not a key consideration in submitting amicus briefs. At slightly over 200 pages, supported by an excellent bibliography, the discussion moves along promptly. By the end of the book, one has a pretty solid grasp on the particulars of Congressional amicus participation, its motivations, and consequences. An extremely rich and valuable resource on this topic, worthy of carefuly study.Product details
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Congressional Participation as Amicus Curiae Before the US Supreme Court American Legal Institutions Law and Society edition by Judithanne Scourfield Mclauchlan Professional Technical eBooks Reviews
Those of us who are Court watchers usually associate amicus curiae (or friend of the court) briefs with interest groups, who are most frequent sources of such briefs. What has generally been overlooked, that is until this fine book made its appearance, has been the involvement of Congress in the filing of amicus briefs with the Supreme Court. Based upon extensive and painstaking research by the author, the utilization of this technique by Congress and its individual members becomes much easier to discern. Focusing basically upon the period since 1977, the author addresses such key topics as who in Congress is likely to participate in filing amicus briefs; what types of cases are likely to draw Congressional amicus attention; what motivates members of Congress to file such briefs; and most importantly, who actual effect do Congressional amicus briefs have on Supreme Court decision. The author relies upon published sources and her own extensive interviewing, particularly of members, staffers, and most importantly former Supreme Court clerks to get at these issues. Many helpful charts are included to facilitate understanding of the data; and, believe it or not, the footnotes actually appear at the base of the page, which makes following the analysis very much easier. To oversimplify, the author basically concludes that Congressional amicus briefs have little if any impact generally on the Court (except perhaps in difficult statutory interpretation situations), but since the real purposes behind filing such briefs (scoring points with interest groups and constituents, e.g.) are not dependent upon winning in the Court, this is not a key consideration in submitting amicus briefs. At slightly over 200 pages, supported by an excellent bibliography, the discussion moves along promptly. By the end of the book, one has a pretty solid grasp on the particulars of Congressional amicus participation, its motivations, and consequences. An extremely rich and valuable resource on this topic, worthy of carefuly study.
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