In the complex world of employment law, trial and appellate courts are often presented with complicated questions involving discrimination, retaliation, constitutional rights, etc., and their answers can have a far-reaching impact, not just for the parties involved in a particular case, but also for society at large. In some instances, individuals or organizations who are not directly involved in the case may have a significant interest in its outcome. In the context of employment law claims, one example of this is the National Employment Lawyers Association, of which all MSB Employment Justice attorneys are members, and which works tirelessly to protect workers and ensure that their well-being is a priority in business practices.
Enter the concept of amicus curiae, or “friend of the court,” a powerful tool that can play a crucial role in influencing legal decisions.
What Is an Amicus Curiae?
An amicus curiae is a person or entity that is not a party to a lawsuit but has a strong interest in the outcome. The term comes from Latin, meaning “friend of the court.” Typically, an amicus curiae will submit a brief that offers additional perspectives, legal and policy arguments, or other information that the lawyers for the parties will not focus on, and that may assist the court in making a well-reasoned decision. While an amicus curiae does not represent the interests of any of the parties directly involved, its contribution can clarify complex legal issues, provide broader context, and highlight the potential long-term ramifications of a ruling.
The Importance of Amicus Curiae Briefs
- Providing expertise and perspective: In many cases, an amicus curiae can bring specialized knowledge or expertise that the court may otherwise lack. For example, in employment law cases, an employee advocacy group like NELA can provide insights from practitioners who focus primarily, if not entirely, on this area of law and who thus have a unique perspective on how the courts’ rulings could impact employee protections.
- Highlighting societal impact: Because it is the primary responsibility of the parties to argue the specific facts of their case, amicus briefs will often focus on the broader social, economic, or other practical concerns of a decision. For example, organizations representing marginalized communities might submit briefs to inform the court about how a ruling could disproportionately affect certain populations, thus influencing the court’s perspective on the broader societal implications of its decision.
- Advocating for broader public policy goals: Many times, amicus curiae briefs are submitted by organizations with a broader policy or legal agenda. They may argue that the court’s ruling should align with evolving societal values or established policy goals, even if those arguments are not directly raised by the litigants.
Final Thoughts
As legal cases become more complex and their outcomes more consequential, the contributions of amicus curiae will continue to be indispensable in shaping the future of law, policy, and justice. Whether advocating for marginalized groups, offering expert advice, or shaping public policy, these “friends of the court” provide a crucial voice in the legal dialogue that shapes the world around us. Given their vast experience and dedication to the cause of employees in Minnesota, the attorneys at MSB Employment Justice have been sought out to draft amicus briefs in some of Minnesota’s most important employment law cases. We are always happy to answer the call. Contact MSB Employment Justice today to speak with our legal team.
