The Rise of Conservative Interest Group Litigation

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.