The Section of Litigation Amicus Curiae Briefs Committee provides support to the Section of Litigation Chair, Officers and Council in evaluating requests for the Section’s support for an amicus brief. The Committee reviews all requests and makes a recommendation to the Chair and Council whether to forward the request to the ABA Amicus Curiae Briefs Standing Committee.
The Standing Committee makes the final recommendation to the ABA President whether the organization should submit an amicus brief in any case. In most cases, briefs are authorized only at the appellate level and only in the highest court in which the issue is likely to be decided. An amicus brief filed in the name of the ABA must be authorized by the Board of Governors. The ABA will file an amicus brief only when a position is asserted that is either consistent with a previously-adopted ABA policy, or a matter of compelling public interest or special significance to lawyers or the legal profession that the Board of Governors then adopts as an ABA policy. In general, this means that there must be an existing ABA policy on point for the organization to submit an amicus brief.
The Committee is available to help any member who is seeking amicus support. To expedite the process, we ask that any requests be submitted using the ABA application form which can be found on the Standing Committee’s website. Additional helpful resources, including the link to the ABA Policy Document Library, can be found under our Resources tab. Please contact either of the Co-Chairs with your questions at any stage in the process.