Appellate Practice
Jan. 24, 2022
The Amicus Angle
What makes a good amicus brief? And what considerations should the parties’ and amici’s attorneys keep in mind to make sure that amicus participation is as effective as it can be?
Susan Yorke
Of Counsel
California Appellate Law Group LLP
Susan served as a law clerk on the 9th Circuit for two judges and in the Appellate Division of the Oregon Department of Justice. Find out more about Susan and the California Appellate Law Group LLP at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions written by the attorneys of the California Appellate Law Group LLP.
Amicus briefs play a prominent role in modern U.S. Supreme Court practice. Between 1945 and 1995, amicus filings increased by more than 800%. The last decade has seen a continued rise, from an average of nine briefs filed per argued case to 16 per argued case. In the 2019-20 term, amicus briefs were filed in 97% of argued cases, and the justices cited them in a record-breaking 65% of their decisions. And those figures don't even include briefs filed at the certiorari ...
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