A Flood of Judicial Lobbying: Amicus Influence and Funding Transparency

The use of anonymously financed ‘friend of the court’ briefs at the Supreme Court has increased over time. This essay examines these amicus briefs and their dark-money impact on not just the court but American politics in general. Despite their good intentions, these regulations, as construed by the courts, contain a fundamental loophole: designed to restrict anonymous donations, any funding set for “preparing or submitting the brief” needs to be disclosed; thus, any funding not earmarked for “formatting, printing, and delivering” the brief can be kept anonymous. Read full article here

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