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70 Dep't of Just. J. Fed. L. & Prac. 85 (2022)
Friends of the Court: Amicus Briefs an Statements of Interest in Civil Rights Cases

handle is hein.journals/usab70 and id is 89 raw text is: Friends of the Court: Amicus Briefs and Statements of Interest in Civil Rights Cases Susan K. DeClercq Chief, Civil Rights Unit Eastern District of Michigan Elizabeth Parr Hecker Special Litigation Counsel Appellate Section Civil Rights Division I. Introduction One of the principal roles of the Department of Justice (Department) is protecting the civil rights of all individuals in the United States. It does this primarily through investigations and enforcement actions by the Civil Rights Division (Division), in partnership with U.S. Attorney's Offices. But private individuals also bring civil rights actions in federal court. The Department has a strong interest in ensuring that these cases' federal civil rights laws are interpreted and applied consistently across the country. Indeed, from time to time, private civil rights litigation will present a particularly novel or important issue regarding the interpretation of a federal civil rights statute or constitutional provision. In those instances, the United States may wish to formally provide its views to assist the court in reaching the correct decision. This article discusses the two ways the Department may do this without becoming a party to the litigation: filing statements of interest under 28 U.S.C. § 517 in district courts and filing amicus briefs in the federal courts of appeals under the Federal Rules of Appellate Procedure, subject to authorization by the Solicitor General's Office. II. Statements of interest Apart from enforcing the federal civil rights laws through its own investigations and litigation, the Department can file briefs in trial court cases brought by private parties where the United States is not a party. These briefs, typically referred to as statements of interest (SOIs), enable the Department to present its view of the law to a court without formally intervening or otherwise becoming a party in a case. DOJ Journal of Federal Law and Practice January 2022 S5

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