What do interest groups file to lobby the US Supreme Court?

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2026-07-14 19:50

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Lobbying is the process of trying to influence government decisions, and usually carries the negative connotation of secret negotiations, bribes and exchanged favors. Special interest groups and other parties aren't able to lobby the Supreme Court Justices in the same way they lobby Congress because they don't have direct access to the Justices or their staff, and there is no ostensible incentive on the Court's part to accept outside viewpoints.

The vehicle through which representatives of special interest groups are able to express opinions on matters before the Court is called an amicus curiae (pl. amici curiae), or "friend of the court" brief (or sometimes academic paper) related to questions of law or fact in the case at bar.

In order to be eligible to provide an amicus curiae, a person or group not party to the litigation under review, but who believes the Court's decision may affect its interest, may file if: 1) the brief is accompanied by written consent of all parties; or, 2) they file a motion for leave to submit amicus curiae to the Supreme Court, identifying why the "friend" has an interest in the case, and explaining the reasons the submission may be useful to the Court.

The Court is under no obligation to grant permission, nor to read the brief. Acceptance or rejection is solely at the Court's discretion, except when amici are filed by the United States, a U.S. agency, State, Territory, or Commonwealth. These are automatically accepted.

Rule 37(1) of the Rules of the Supreme Court of the United States explains:

"An amicus curiae brief that brings to the attention of the relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is generally not favored."

On very rare occasions, the Court may grant a motion of an amicus curiae to participate in the oral argument.

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