Thursday, July 18, 2019 11:25:23 AM
I asked one former clerk what role amici play in decision-making and opinion-writing on the court. (She asked to remain anonymous; clerks, who are trusted with some sensational behind-the-scenes information, pride themselves on being a tight-lipped crew.)
“Most of these briefs are just not helpful,” she told me. Many, indeed, are slapdash and downright superfluous: Some amici are “just weighing in to create a bigger stack of amicus briefs,” under the theory that “if you have a taller pile of amicus briefs, you win the case.” Ultimately, clerks pick the two or three best briefs for their justice’s perusal—usually the most evenhanded, thorough, and thoughtful ones—and chuck the rest.
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