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/.


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