Turning your amicus brief into a true friend of the high court

Fads at One First

By Brian J. Murray

Brian J. Murray is a partner at Jones, Day, where he leads the Chicago office's issues and appeals practice. He also teaches complex litigation at The University of Chicago Law School. He can be reached at bjmurray@jonesday.com.

Posted January 23, 2014 3:00 PM

Let’s face it: The Supreme Court is the most popular kid at the party; everyone wants to be its friend. That means your amicus curiae brief is elbowing its way onto the dance floor trying to be the best “friend of the court.” And the competing crowd is big, because merits counsels routinely agree under Supreme Court Rule 37(3)(a) to accept all amici from both sides. How do you make your amicus filing stand out? In 1981, when the court heard a modern high of 167 cases, there were 231 amicus briefs …

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