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CONGRESS AT COURT: MEMBERS OF CONGRESS AS AMICUS CURIAE
Author(s) -
Heberlig Eric,
Spill Rorie
Publication year - 2000
Publication title -
southeastern political review
Language(s) - English
Resource type - Journals
eISSN - 1747-1346
pISSN - 0730-2177
DOI - 10.1111/j.1747-1346.2000.tb00573.x
Subject(s) - supreme court , law , political science , meaning (existential) , psychology , psychotherapist
Acts of Congress often contain provisions that are ambiguous, complex and/or contradictory, and it is often left to the courts to discern the meaning of the language. This paper examines the potential influence of one method of inter‐branch communication—an amicus curiae brief filed by members of Congress in Supreme Court cases. Several characteristics of the briefs filed by members of Congress during the 1990s are coded and it is found that unlike the solicitor general, members of Congress have little impact on the decisions of the High Court. There is communication between members of Congress and the Court. Thus, this investigation provides no support for the rational actor model of judicial decision‐making; however, the communication seems to serve the re‐election goals of legislators.