Amicus Curiae Briefs and the Competing Legal Agendas of White Protestants in the United States, 1969–2020

Abstract

We use Supreme Court amicus curiae briefs filed by seven religious groups—four liberal and three conservative—to understand the changing nature of political conflict between American religious groups in the predominantly White Protestant tradition from 1969 to 2020. Religious groups on both sides of the ideological divide have increased the frequency of their amicus filings, and increasingly become involved in issue areas which were once primarily the concern of groups on the other side. These findings suggest that the culture war that redefined party politics in America has also shaped religious activism, including legal activism. We argue that these groups have increased their involvement in a wider range of issues for two reasons: their rivalry for influence over the nation's moral center has become more encompassing and overtly political, and their appreciation for and consciously developed ability to tap into the courts' influence on American politics has grown.