The Determinants of the Number of Amicus Briefs Filed Before the U.S. Supreme Court, 1953–2001

Abstract

Amicus curiae activity represents the primary form of democratic input into the federal judiciary. We add to the scholarly understanding of this most important means of interest-group activity by examining the factors that influence the number of amicus curiae briefs filed in a case before the U.S. Supreme Court. We employ a theoretical framework that 1) focuses on the desire of groups to achieve long-lasting policy goals, 2) addresses the low-information environment at the Court, and 3) recognizes the role of uncertainty in influencing group behavior. Using data from 1953 to 2001, we examine how these case- and Court-specific factors lead to a change in the number of amicus briefs filed in the Supreme Court. We find varying degrees of support for each of the three frameworks, thereby providing insight into why certain cases attract more interest-group amicus activity than others.