The Solicitor General's Amicus Curiae Strategies in the Supreme Court

Abstract

Scholars have devoted a great deal of research to investigating the role and influence of the U.S. solicitor general (SG) as amicus curiae in the Supreme Court. Yet, we know little about the SG's decision to file an amicus brief and how this relates to the SG's success on the merits. We fill this void by examining legal, political, and administrative factors that affect the SG's decision to participate as amicus curiae. We subject our hypotheses to empirical testing using data on the 1953 to 1999 Supreme Court terms by linking the SG's decision to file an amicus brief to the SG's ultimate success on the merits, employing a Heckman-style selection model. We find that the SG's decision to file an amicus brief is influenced by legal, political, and administrative considerations, suggesting that the SG is best viewed through the incorporation of a variety of theoretical perspectives.