An amicus curiae — or "friend of the court" — brief is a legal document filed by a non-party to provide additional information, perspective, or expertise that may assist the Court in reaching its decision. The Family Research Council filed an amicus brief in Dobbs v. Jackson Women's Health Organization, presenting both legal and moral arguments for overturning Roe v. Wade.
What Is an Amicus Brief?
When the Supreme Court hears a case, only the parties directly involved (the petitioner and the respondent) file the primary briefs. However, individuals, organizations, and government entities with a significant interest in the outcome may file amicus briefs to provide additional context, data, or legal arguments. These briefs can be influential — justices and their clerks often cite amicus briefs in their opinions.
The Family Research Council's Brief
The FRC's amicus brief in Dobbs presented several key arguments:
- Constitutional argument: The Constitution contains no right to abortion. The Roe Court manufactured a right that has no basis in the Constitution's text, history, or tradition.
- Moral argument: The unborn child is a human being worthy of legal protection. Scientific evidence confirms that human life begins at conception, and the law should reflect this reality.
- Democratic argument: The abortion question should be decided by the people through the democratic process, not imposed by unelected judges. Roe short-circuited democratic deliberation on one of the most important moral questions of our time.
- Historical argument: At the time the Fourteenth Amendment was ratified in 1868, abortion was widely prohibited in the United States. There is no historical evidence that the Amendment's framers intended to protect a right to abortion.
Why This Brief Matters
The FRC's amicus brief represents the voice of millions of Americans who believe that the Constitution does not protect abortion and that states should be free to protect unborn children. It is a legal document, but it is also a moral statement — an affirmation that every human life has value and deserves the protection of the law.
"The right answer to the question presented in this case is that the Constitution does not mention abortion, and the right to abortion cannot be found in the Constitution's text, structure, history, or tradition." — FRC Amicus Brief in Dobbs v. Jackson Women's Health Organization
The Outcome
The Supreme Court ultimately agreed with the arguments presented in the FRC's brief and those of Mississippi's attorneys. In a historic ruling, the Court overturned Roe v. Wade and returned the abortion question to the states. The FRC's brief — along with dozens of other pro-life amicus briefs — contributed to one of the most significant legal victories in American history.