Justice Sandra Day OConnors Friends

1
Justice Sandra Day OConnors Friends

• Ruth Colker
• Tuesday, November 8, 2005

2
OConnor the Centrist

• OConnor more likely to vote with majority than
  any other member of the Court with majority in
  more than 75 of all cases.

3
Amicus Briefs

• First amicus brief filed in 1823 when Supreme
  Court requested assistance of Henry Clay in a
  commerce clause case between Kentucky and
  Virginia
• Amicus participation has evolved from neutral
  participation to advocacy

4
Evolution of Courts Attitude Toward Amicus Brief

• Participation
• 10 in 1920 to 90 in 1995.
• 1990 Rule change
• welcomed if brings new matter to Courts
  attention
• disapproved if simply burdens Court
• S.G. and state and local government need not seek
  permission to file.

5
When Might Amicus Briefs Influence Court?

• Provide new information not provided in other
  briefs
• Provide evidence of views of other branches of
  government
• Filed by well-respected organization
• Pile-on hypothesis

6
OConnor Statistics

• OConnor wrote opinion in 125 constitutional law
  cases
• amicus briefs filed in 106 of them (84)
• she cited amicus briefs in 32 of 106 cases
  (30.2)
• 40 cases decided by one-vote margin
• cited amicus brief in 11 of 40 cases (27.5)

7
Who Did OConnor Cite?

• 32 cases with amicus brief citations
• cited S.G. in 11 cases
• but only agreed with S.G. twice
• cited states in 5 cases
• but only agreed with states once
• cited well-established organizations, like APA,
  in 8 cases for specialized facts
• NEVER cited ACLU, NAACP LDF or other
  well-recognized groups with strong political
  affiliations

8
Conclusion

• Is it a waste of time for ACLU and NAACP LDF to
  file amicus briefs?
• Even though amicus briefs not cited for legal
  principles, could OConnor have still been
  persuaded by their arguments?