--- name: amicus-interest-statement title: Amicus Interest Statement description: Drafts the "Interest of Amicus Curiae" section of an amicus brief. Establishes institutional credibility, tethers the amicus's interest to the specific legal question, articulates non-party impacts, and embeds disclosure guardrails under FRAP 29 and Supreme Court Rule 37. Trigger when drafting amicus briefs, friend-of-the-court filings, interest statements, amicus disclosures, or when the user asks why an organization belongs in a case. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/amicus-interest-statement license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en tags: [brief, drafting] --- # Amicus Interest Statement The Interest of Amicus Curiae section is the credibility gateway. Courts scrutinize amicus filings for "me-too" redundancy — a weak interest statement signals the brief wastes the court's time. This skill produces a statement that passes the clerk test: can someone explain in one sentence why this amicus belongs in this case? ## Pre-Draft Intake Gather before drafting (skip only if user says "use defaults" or "just draft"): 1. **Case context** — caption, court, docket number, stage, questions presented, decision below 2. **Amicus identity** — legal name, entity type, founding year, membership size/scope, coalition status 3. **Mission & expertise** — mission statement, core programs, publications, prior amicus filings, domain expertise 4. **Concrete stake** — who is affected, through what mechanisms (compliance costs, enforcement changes, chilling effects) 5. **Parties' briefs** (if available) — to identify the amicus's unique perspective 6. **Disclosure facts** — (a) who authored the brief, (b) party/counsel funding, (c) other monetary contributors 7. **Governing rules** — FRAP 29, S.Ct. Rule 37, or state rules; flag if unknown **Defaults when user doesn't respond:** stakeholder advocate posture; FRAP 29 rules; disclosure withheld pending confirmation. Label all defaults. Request missing disclosure facts before finalizing. ## Core Workflow ### 1. Anchor to the Legal Issue Open by connecting the amicus to the specific question presented. Mirror the language of the questions presented. > Amicus curiae [Organization] submits this brief to assist the Court in resolving whether [legal issue]. Because [Organization] [work tied to issue], the Court's resolution will have significant consequences for [constituency] and for [system/market/program]. - Name the specific statute/provision at issue — not generic values - Distinguish amicus perspective from parties' arguments - Show why *this* amicus in *this* case on *this* question ### 2. Describe the Organization with Verifiable Specifics > [Organization] is a [entity type] founded in [year] that represents [members/constituency] across [scope]. Its work includes [2-4 activities], including [activity relevant to the issue]. - Use verifiable facts (membership numbers, founding year, programs) — no superlatives ("leading," "premier") - Be candid about advocacy posture; disclose coalition composition when filing jointly - Omit programs unconnected to the case ### 3. Establish Expertise Mapped to the Doctrinal Choice Select 2-3 expertise pillars from: operational experience with the statutory scheme, technical knowledge of the regulated subject, published research or data, professional standards, litigation pattern awareness. > Amicus has particular expertise relevant to the Court's analysis of [issue], including (1) [pillar], which informs how [rule] functions in practice; and (2) [pillar], which bears on [consequences] of adopting [proposed standard]. ### 4. Articulate Concrete Non-Party Impact Translate doctrine into real-world effects via causal chains, not conjecture. > If the Court holds that [rule], then [mechanism], which would [consequence]. Because [Organization] works directly with [group], it has a concrete perspective on how [standard] will shape [behavior]. - Define affected populations specifically — not "all Americans" - Describe mechanisms, not speculation - Do not argue the merits here ### 5. Calibrate Tone and Harmonize Disclosures **Neutral expertise posture:** > Amicus does not file to support any party as such, but to assist the Court by providing [technical/historical/industry] context relevant to [provision]. **Stakeholder advocate posture:** > Amicus supports [party position] because the decision below threatens to [consequence] for [constituency], whom amicus serves through [programs]. Draft as though every sentence will be excerpted by opposing counsel. **Disclosure:** Include only when user affirmatively confirms facts. Mark unconfirmed elements `[VERIFY]`. > Pursuant to [Rule], amicus curiae states that no counsel for a party authored this brief in whole or in part, and no person or entity other than amicus curiae or its counsel made a monetary contribution intended to fund the preparation or submission of this brief. ### 6. Produce Deliverable Prefix every output with: 1. **Assumptions Used** — court, posture, tone, governing rules 2. **Open Items** — missing disclosures, unverified facts, rule uncertainties Keep the Interest Statement to 1-3 paragraphs. ## Rules Reference | Forum | Rule | Key Requirement | |---|---|---| | U.S. Supreme Court | Rule 37.1 | Must bring matter not already presented by parties | | U.S. Supreme Court | Rule 37.6 | Authorship and funding disclosures | | Federal Circuits | FRAP 29(a)(4)(D) | Statement of amicus's interest | | Federal Circuits | FRAP 29(a)(4)(E) | Authorship and funding disclosures | | California | Rule 8.520(f) | Relationship to parties; identify other filings on same issue | | 7th Circuit | Local practice | Must demonstrate unique contribution | | State courts | Varies | Check local rules for motion-for-leave and extra-record restrictions | All rule citations require verification against current text before filing. `[VERIFY]` ## Post-Draft Checklist Ask after delivering the draft: 1. Are all organizational facts verified and current? 2. Does the statement distinguish this amicus's perspective from the parties'? 3. Are disclosure facts confirmed for inclusion? 4. Should tone shift — more neutral or more advocacy? ## Quality Checks - **Clerk test**: One-sentence explanation of why this amicus belongs in this case - **Issue tethering**: Names the specific legal question at stake - **Non-redundancy**: Articulates what amicus uniquely provides beyond the parties - **Mission alignment**: Stated interest consistent with the organization's mission - **Factual support**: Every claim traceable to user input or flagged `[VERIFY]` - **Disclosure consistency**: No contradictions between interest statement and disclosures - **Adversarial resilience**: No sentence exploitable out of context - **Procedural compliance**: Required disclosures present and correctly placed - **Length**: 1-3 paragraphs — this is not the argument section ## Guardrails - Flag all organizational facts for attorney verification - Mark unverified citations `[VERIFY]` - Do not resolve conflicts of interest — flag for attorney review - Do not draft disclosures without user confirmation of underlying facts - Do not invent organizational facts, membership numbers, or program descriptions - All output requires licensed attorney review before filing