Amici Curie During the Rehnquist Court Years

Published in 2005. Judicature 89: 127-132

Ryan J. Owens
Lee Epstein

Our objective is to provide a descriptive account of amicus curiae participation during the Rehnquist Court years. Specifically, we consider the amount of third-party involvement in litigation, and the extent to which the justices make use of amici arguments in their opinions.

Virtually all the data we present are consistent with commentary on the importance of amici curiae during the Rehnquist years. More friends are filing than every before, and more opinions cite to their arguments than ever before. Perhaps the two trends are related. It could be that the more briefs filed, the more fodder for the Court’s opinion writer; or, just as possible, the greater the influence amici believe they exert on the Court, the more likely they are to file in the future.

Click here for the article (.pdf).
Click here for the data (zipped excel files).