The term amicus is a Latin phrase meaning “friend of the court.” It refers to people or organizations that may not be party to a case but are allowed to provide relevant legal information or arguments in the case. This is known as an amicus curiae or “friend of the court” brief.
In the United States, the Supreme Court may choose to solicit an amicus curiae opinion to help establish independent legal consideration of a case. This is usually done to evaluate a party’s argument objectively, and to take into account any facts or points of law the litigants have overlooked.
In other cases, an individual or organization may choose to file an amicus curiae brief on their own initiative. This is done to give a court additional information it may not have considered otherwise. These briefs can provide an argument supporting or opposing a specific argument, or to provide context which may have been overlooked.
Modern Examples of Amicus
In recent years, amicus briefs have been filed in many high-profile court cases. For example, many businesses and advocacy groups filed amicus briefs in support of the 2018 Supreme Court ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case involving the right of a baker to refuse service to same-sex couples.
In another example, several professional sports organizations filed an amicus brief in support of the NCAA in its court case against the State of New Jersey. The brief argued that allowing the state to legalize sports gambling would harm the state’s reputation as a whole and would have a detrimentally large impact on college and professional sports.
Conclusion
Understanding and utilizing the concept of amicus can be an invaluable tool in legal proceedings. Amicus briefs can provide much needed context and additional information to a court in order to make a more informed decision. Understanding and utilizing the concept of amicus is a must for any business or organization that wants to stay ahead of the legal curve.