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Branzburg v. Hayes

Supreme Court of the United States · 1971 · Corporations
404 U.S. 815 (1971)
Updated
Corporationscertiorari grantedamicus curiaeoral argumentSolicitor Generalprocedural order

Facts

The opinion text provided consists only of procedural directions and does not describe the underlying dispute. It states that the Solicitor General moved to participate in oral argument as amicus curiae in support of respondents in each case. The Court granted that motion, allotted the Solicitor General 15 minutes for argument, and allotted petitioner 15 additional minutes in each case. The Court also granted motions by the American Newspaper Guild and the American Newspaper Publishers Association for leave to file amicus briefs in No. 70-85.

Issue

Whether the Court would permit the Solicitor General to participate in oral argument as amicus curiae in support of respondents and whether certain organizations could file amicus briefs.

Rule

The Supreme Court may grant motions allowing amicus curiae participation in oral argument, allocate argument time accordingly, and permit filing of amicus briefs.

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Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.
A case from the Supreme Court of Nevada reaches the Supreme Court after certiorari is granted. During briefing, the Solicitor General asks to participate in oral argument as amicus curiae in support of the respondents, and no party objects.

Based only on the majority opinion text provided, which action is most clearly within the Court's authority?

Explanation. The majority text expressly grants the Solicitor General's motion to participate in oral argument as amicus curiae in support of respondents. It therefore supports the proposition that the Court may allow such amicus participation at argument. (Derived from Branzburg v. Hayes (1971).)