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
