Yesterday, we reviewed who averaged the most amicus support in civil cases between 1994 and 2005 – winning parties, losers, or parties who won only in part. Today, we address the data for the years 2006 through 2016.
Petitioners nearly always averaged more amicus briefs when the Court reversed (i.e., winning petitioners) than when the Court affirmed. In 2007, winning petitioners averaged 2.04 amicus briefs to 1.05 for losers. In 2008, winning petitioners averaged 2.95 amicus briefs to 2.33 briefs for losers. Petitioners averaged more amicus briefs in reversals than affirmances for each of the most recent seven years. In 2010, winning petitioners averaged 2.86 amicus briefs to 2 for losers. The next year, winning petitioners averaged 2 amicus briefs to 1 for losers. In 2012, winning petitioners averaged 2.71 amicus briefs to 2.67 briefs for losers. In 2013, winning petitioners averaged 3.07 amicus briefs to 1.57 for losing petitioners. In 2014, winning petitioners averaged 3.11 amicus briefs to 2.8 for losers. In 2015, winning petitioners averaged 2.35 amicus briefs to 0.78 for losers. Finally, in 2016, winning petitioners averaged 2.37 amicus briefs to 1.71 for losing petitioners.
Petitioners who only won in part seldom averaged more amicus briefs than clear winners or losers. In 2006, part-winners averaged 2.4 amicus briefs to 1.94 for losers and 1.66 for winners. In 2007, part-win petitioners averaged 3 amicus briefs to 2.04 for winners and 1.05 for losers. In 2011, part-win petitioners averaged five amicus briefs to two for winning petitioners and one for losing petitioners. In 2012, petitioners who scored a partial win averaged 7.5 amicus briefs to 2.71 for winners and 2.67 for losers.
Over the past eleven years, respondents have not consistently averaged more amicus briefs in affirmances than reversals. In 2006, winning respondents averaged 1.72 amicus briefs to 1.34 for losers. In 2009 and 2010, winning respondents averaged 2.82 and 1.57 amicus briefs, to 0.95 and 2.13 for losers. Between 2012 and 2014, winning respondents averaged 2, 1.79 and 3.3 amicus briefs, to 1.35, 1.73 and 1.11 briefs for losing respondents.
Respondents in partial affirmances and reversals averaged more amicus briefs than complete winners or losers in only three of the eleven years between 2006 and 2016. In 2011, partial winners averaged 2 amicus briefs to 1.13 for losing respondents and 1 for winning respondents. The following year, respondents who prevailed in part averaged seven amicus briefs to 2 for winning respondents and 1.35 for losers. Finally, in 2016 respondents who prevailed in part averaged three amicus briefs to 2 for losing respondents and 1.43 for winning respondents.
Join us back here next week as we analyze the data for amicus briefs in criminal cases.