Setting the Agenda of the United States Supreme Court? Organized Interests and the Decision to File an Amicus Curiae Brief at Cert

Past research indicates that amicus briefs influence the Supreme Court's decision to issue a writ of certiorari; however, we know relatively little about the reasons that lead interest groups to file such briefs. We seek to explain how organized interests make decisions about whether or not to file amicus curiae briefs during case selection, and we examine the factors that influence the total number of amicus briefs filed in each case. We find that certain factors influence amicus activity during this early stage of decision making, including the presence of the solicitor general as amicus curiae, case salience, and the issue areas involved in litigation.