Tuesday, March 12, 2013
Connecting back to Kramer
The discussion of amicus briefs had me thinking back to Kramer's notion of popular constitutionalism. Here again we see people outside the Supreme Court weighing in on the meaning of the Constitution. I am wondering how much weight justices give to these briefs when writing their decisions.
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My understanding is that amicus briefs are often not read, but there are exceptions. For example, there has been a brief filled by a group of high profile Republican's (mainly out of office) supporting same-sex marriage and that brief may have weight because of who signed it.
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