• PDF

Amici Curiae – Friends of the U.S. Supreme Court in NYSRPA v. Bruen

Acta Legis Turkuensia 2/2023 s. 5–28
1.10.2024
Opiskelijakirjoitus

The topic of the article is amicus briefs and their use in the U.S. Supreme Court. Amicus curiae is a legal document filed by a party not involved in the litigation but with a special interest in the outcome of the case. Amicus curiae give individuals and interest groups a platform to provide new information to the Supreme Court influence its decisions. The research question is how individual Justices used amicus briefs to support their argumentation in NYSRPA v. Bruen, a landmark case which expanded the scope of the Second Amendment.

Three amicus briefs were chosen for analysis, and they were referenced in the majority opinion, Justice Alito’s concurring opinion and Justice Breyer’s dissenting opinion. The analysed amicus briefs do not only contain suggestions of appropriate norms and how they should be interpreted and applied. Instead, offer a multitude of supporting facts and arguments that draw the Justice’s attention. The amicus briefs were not interpreted as normative sources of law, rather, the analysis is focused on argumentation tactics.

My findings suggest that the amicus briefs were used to provide normative and historical evidence, as well as anecdotal and statistical evidence. Justices appeared to find value in information that was not only normative or jurisprudential in nature. Amicus briefs that provided viewpoints of public interest and societal context, as well as research-based evidence, appeared to be of use. By referring to the amicus briefs, Justices can strengthen the credibility and conviction of their arguments.

Asiasanat
• Korkein oikeus - Oikeudenkäynti - Yhdysvallat