Monday, December 11, 2023
This Justice Alito Supreme Court quote anecdote exposes an amicus problem
The Politico report helps spotlight a practice that has been hiding in plain sight for years. But it also underscores the bigger problem with all sorts of amicus briefs in the Supreme Court: the justices' increasing reliance upon these briefs as authoritative sources for factual or legal contentions that haven't been tested in the lower courts and are being advanced by groups or institutions with agendas of their own. Especially as the court has turned more sharply to the right in recent years, that reliance has likewise skewed toward claims advanced by parties with an obvious (and, as Politico suggests, coordinated) ideological bent, at the expense of not only the rules that are supposed to govern the legal process, but also the accuracy of the narratives the court's opinions provide...
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