Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making

Persuading the Supreme Court is a significant feature of Supreme Court decision-making, with parties and outside individuals and interest groups investing an estimated $25 million to $50 million a year to produce amicus briefs. Morgan Hazelton and Rachael Hinkle's book sheds light on the factors that influence what information litigants and their attorneys provide to the Supreme Court and what the justices and their clerks do with that information.

Format: Paperback / softback
Length: 296 pages
Publication date: 16 August 2022
Publisher: University Press of Kansas

The public, media, and government eagerly anticipate the Supreme Court's announcement of significant decisions each year, as these opinions have a profound impact on legal policy in various areas such as healthcare, marriage, abortion, and immigration. It is not surprising that parties, outside individuals, and interest groups invest substantial resources, estimated to range from $25 million to $50 million annually, to produce approximately one thousand amicus briefs, aiming to influence these rulings. Despite the importance of the Court and the information it receives, many questions remain regarding the production and relationship of this information to the Court's decisions. Persuading the Supreme Court delves into the written arguments submitted to the Court, shedding light on their construction and impact. Drawing on a comprehensive dataset of over 25,000 party and amicus briefs submitted between 1984 and 2015, as well as the text of related court opinions, interviews with former Supreme Court clerks and attorneys who have prepared and led briefs before the Court, and quantitative analyses of tens of thousands of briefs using sophisticated natural language processing tools, Morgan Hazelton and Rachael Hinkle investigate the enigmatic and consequential aspects of Supreme Court decision-making.

The study reveals that the resource advantage enjoyed by certain parties is likely influenced by their experienced attorneys' ability to craft excellent briefs and their established reputations with the justices. The analyses further demonstrate that information operates differently in shaping who wins and what policy is announced. Hazelton and Hinkle's research provides valuable insights into the dynamics of persuasion and decision-making at the highest judicial level, contributing to our understanding of the legal system and its impact on society.

Dimension: 229 x 152 (mm)
ISBN-13: 9780700633630