Tips For Drafting Effective Amicus Briefs

Law360 (January 6, 2021, 1:07 PM EST) -- Amicus briefs are a staple of appellate practice, especially in the U.S. Supreme Court and in a state's highest court.

It is difficult to find a Supreme Court docket that does not have briefs of amici on both sides of the question. This is true of the recent slate of election-related cases. And it is true across the board in matters affecting constitutional provisions.

For instance, a recent Supreme Court case about the validity of a Delaware law requiring political party balance in its courts, Carney v. Adams, decided on Dec. 10, attracted amicus briefs from law professors, state governments, public...

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