The Journal of Politics

Table of Contents - May 1983 - Volume 45, Issue 02  

Research Notes

The Rise of Conservative Interest Group Litigation

Karen O'Connora1 and Lee Epsteina2

a1 Emory University

a2 Emory University

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 the 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.