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87 U. Cin. L. Rev. 227 (2018-2019)
The Corporate Clique in the Courtroom: A Jurisprudential Study of the Success and Influence of Amicus Curiae Briefs Filed by the U.S. Chamber of Commerce During the 2014-2017 Terms of the U.S. Supreme Court

handle is hein.journals/ucinlr87 and id is 227 raw text is: THE CORPORATE CLIQUE IN THE COURTROOM: A JURISPRUDENTIAL STUDY OF THE SUCCESS AND INFLUENCE OF AMICUS CURIAE BRIEFS FILED BY THE U.S. CHAMBER OF COMMERCE DURING THE 2014-2017 TERMS OF THE U.S. SUPREME COURT R. Betsy Emmert* Introduction .......................................... 227 Background .............................................. 229 Legitimizing the Advocacy Efforts of the Chamber .................230 The Current State of the Pro-Business Roberts Court...............234 Discussion ................................................235 A Linear Analysis of the Chamber's Litigation Activity ..........236 Through the Decades ..............................236 Citations by the Court... .....................238 Business Interests of the Court and the Chamber .........240 The Impact of a Business-Friendly Court.... ..............243 The Current Impact...........................244 External Factors That Influence the Court .... .....247 Conclusion ............................................... 249 INTRODUCTION The U.S. Chamber of Commerce stands out among its peers of national advocacy organizations for its efforts to influence the U.S. Supreme Court. The Chamber wields its influence by filing amicus curiae, or friend of the court, briefs as a secondary source to aid the Court in its decision-making.2 Amicus briefs serve as valuable sources of knowledge and provide the Justices with unique insights from various interest groups. However, the role of the amicus brief continues to evolve as the increasing number of amicus briefs filed with the Court make it impractical for the Justices to thoroughly read all such briefs that are filed. Consequently, those interest groups that have access to the legal and financial resources to petition the Court, both frequently and effectively, increase their *1 express deepfelt appreciation for the guidance and research on this topic from Professor Michael E. Solimine, Donald P. Klekamp Professor of Law, University of Cincinnati College of Law. 1. John Shiffman, Chamber of Commerce Forms its Own Elite Law Team, Rueters: #Special Reports (Dec. 8, 2014), http://www.reuters.com/article/us-scotus-firms-chamber/chamber-of-commerce- forms-its-own-elite-law-team-idUSKBNOJM1OQ20141208. 2. Adam Feldman, The Most Effective Friends of the Court, Empirical SCOTUS (May 11, 2016), https://empiricalscotus.com/2016/05/1 1/the-most-effective-friends-of-the-court/. 227

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