The Rise of Conservative Interest Group Litigation

Published in 1983. Journal of Politics 45: 479-489. (Revised version of a paper delivered at the 1982 meeting of the Midwest Political Science Association.)

Karen O'Connor
Lee Epstein

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.

Click here for the article (.pdf).
Click here for the conference paper (.pdf).