Amicus Incorporated

Attorneys have long advanced change through the court system—including through high-stakes, high-profile litigation in front of the Supreme Court of the United States. Attorneys appearing before the Court often represent individuals, nonprofit organizations, or the gov-ernment, and often seek to drive social reform through the platforms of their organizations. But attorneys representing big businesses also advo-cate for change through action at the Supreme Court. While businesses are not new to speaking out in front of the Court, they have become in-creasingly active in cases focused on social issues, including by submit-ting amicus briefs to the Court in support of a particular issue.

This Article examines a twelve-year span of business-led amicus briefs and the growing influence of companies on the major social issues of our time. It begins by considering the phenomena of business-led so-cial activism and scholarship on amicus work in front of the Supreme Court. Next, it presents data on the frequency of business amicus partic-ipation and assesses whether these briefs have successfully furthered companies’ social policy priorities. Finally, this Article addresses ways in which businesses can and should continue to engage on social issues, including through amicus advocacy before the Supreme Court.