What Does Amicus Mean? Explaining the Legal Concept of Amicus Curiae

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.

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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.

Related Legal Concepts

Understanding amicus often goes hand in hand with amicus curiae, which is the full Latin term for these friend-of-the-court briefs. These legal instruments play a crucial role in appellate practice and constitutional interpretation, allowing courts to receive broader perspective on complex legal issues beyond what the immediate parties provide.

The Bottom Line

Amicus briefs serve as valuable tools that help courts make more informed decisions by providing additional expertise, context, and perspectives from interested parties who aren’t directly involved in the litigation. They represent an important mechanism for ensuring that courts have access to comprehensive information when deciding cases that may have far-reaching implications. For guidance specific to your situation, always consult a qualified, licensed attorney.