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Do Amicus Briefs Help (Part 3 – 2005-2020)?

By Kirk Jenkins on July 25, 2021

In the next two posts, we’re concluding our review of the amicus data, divided out by area of law.

Appellants in arbitration cases on 84% of the time between 2005 and 2020 to only 16% for respondents.  Amici were nearly as lopsided – 89.83% wins for appellants’ amici, only 10.42% for respondents’ amici.  In civil procedure cases, appellants won 58.49% to 41.51% for respondents.  Appellants’ amici won 69.7% of their cases to 44.94% for respondents’ amici.

Appellants in commercial law cases won 72.73% of their cases to 27.27% for respondents.  Appellants’ amici won 67.35% to 32% for respondents’ amici.

In constitutional law cases, appellants won 56.6% to 43.4% for respondents.  Appellants’ amici won 51.3% of their cases to 48.8% for respondents’ amici.

Appellants in domestic relations cases won 90% of the time between 2005 and 2020.  Amici were nearly as lopsided – appellants’ amici won all their cases, while respondents’ amici won only 10.53% of the time.  Appellants in election law cases won two-thirds of their cases.  Appellants’ amici won all their cases, while respondents’ amici split theirs down the middle.

Appellants in employment law cases won 58.06% of their cases to 41.94% for respondents.  Appellants’ amici won 61.33% of their cases.  Respondents’ amici won 41.94% of theirs.  In environmental law, appellants won 72.73% from 2005 to 2020 to 27.27% for respondents.  Appellants’ amici won 80.2% of their cases, while respondents’ amici won only 22.54%.

Appellants in government and administrative law cases won 62.37% of their cases to 37.63% for respondents.  Appellants’ amici won 68%, while respondents’ amici won 42.77% of their cases.

Join us back here next time as we review the remainder of the data.

Image courtesy of Flickr by Matthew Dillon (no changes).

  • Posted in:
    Appellate
  • Blog:
    California Supreme Court Review
  • Organization:
    Arnold & Porter Kaye Scholer LLP
  • Article: View Original Source

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