Over the next week, we expect a flood of amicus briefs opposing and supporting OSHA’s Emergency Temporary Standard. There are already ten such briefs on the main docket, with many more listed amici yet to file, and many more preparing to appear. We expect that many amicus parties will want to weigh in on OSHA’s … Continue Reading
We have, on multiple occasions, addressed the significance (or insignificance) of the amicus curiae or “friend of the court” brief. Our previous discussion here, here, and here have largely revealed that, while the briefs are submitted in many of the headline-grabbing cases, the effects of the briefs written and submitted by the amici are often … Continue Reading
Headline-grabbing cases almost always draw amicus curiae briefs, as we covered here, but even cases with less at stake will inevitably reveal a number of interested parties seeking to influence the Sixth Circuit as it hands down decisions. But how much influence do amici really have in the Circuit? As a review of recent cases … Continue Reading
This post is the Sixth Circuit Appellate Blog’s latest update and analysis in a series that has been tracking developments in the ongoing, blockbuster appeal involving Michigan Proposal 2. Last summer, a divided panel of the Sixth Circuit struck down as unconstitutional Proposal 2, which prohibited Michigan’s public colleges and universities from granting “preferential treatment … Continue Reading
Earlier this fall, the Sixth Circuit Appellate Blog analyzed the frequency of amicus filings before the Sixth Circuit, as well as the types of amici who have filed briefs in the Court. In short, this blog found that the filing of amicus briefs is relatively rare in proportion to the Court’s docket, that the amici who … Continue Reading
Recently, the Sixth Circuit Appellate Blog briefly examined the number of briefs filed in the Sixth Circuit by amicus curiae in calendar year 2001 and in 2010-11. Our findings suggest that amicus practice before the Court is relatively rare, occurring in only approximately 30 to 40 cases per year. Today, we look into some of … Continue Reading
A recent article in the National Law Journal considered the impact of amicus briefs on the U.S. Supreme Court, attempting to discern how much influence amici have on the high court’s decisions. As one might expect, amici weigh in on cases before the Supreme Court in significant numbers — the NLJ article found that, in … Continue Reading
