The Rise of Conservative Interest Group Litigation
Karen O'Connor and Lee Epstein
Journal of Politics 45: 479-489 (1983)
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Abstract
Research on interest group litigation long has focused almost exclusively on liberal groups. This examination undertakes an analysis of conservative group use of the courts during the Burger Court era. Contrary to widespread expectation, conservative groups litigate in a strategic fashion but do so through a more limited form of participation—the amicus curiae brief—which they view as an effective lobbying device. In fact, conservative groups have used the amicus curiae brief with increasing frequency since the mid-1970s.
keywords: conservative interest groups, amicus curiae, litigation strategy, economic liberalism, civil liberties, public interest law, Supreme Court, judicial lobbying, legal advocacy