Wednesday, November 18, 2020

SCOTUS Amicus Briefs Reach New Highs

 NLJ's Supreme Court Brief has So Many Friends: Amicus Briefs Reach New Highs, which reports on Arnold & Porter's appellate practice report, which concludes:

“In the 2019–20 term, amici curiae filed on average 16 briefs per case at the merits stage, an all-time high. Overall participation increased as well, with friends of the court filing briefs in 97 percent of [the 57] argued cases, for a total of 911 amicus briefs.”
“The justices cited briefs in 65 percent of cases—another record—relying on friends of the court for perspectives on government policies, history, religion, medicine, psychology, and even the financial implications of the court’s decisions.”

“Last term likewise saw a return of mega-cases for amicus participation. Cases involving hot-button issues like marriage equality and health care tend to generate the most briefs, though patent cases also spur significant amicus participation. Keeping with that trend, Bostock v. Clayton County, which held that Title VII’s ban on sex discrimination protects LGBT employees, topped the list in 2019–20. Bostock and its consolidated companion cases (Harris and Altitude Express) received 94 unique amicus filings.”
Today's DJ profile of S.D.Cal. Magistrate Judge Allison Goddard (titled Credibility Builder) talks about how a "call-out" in a footnote in a published opinion from 4/3 affected her and helped her later in her career.

And of note (h/t How Appealing) Rethinking Appellate Standards of Review for Video Evidence, by Hon. Pierre Bergeron (Ohio 1st Dist. Ct. App.), 56 Court Review 140.