Scholars of Supreme Court Procedure Amicus Brief in Dobbs v. Jackson Women’s Health
Brief filed at the U.S. Supreme Court in support of the Center's challenge to Mississippi's pre-viability abortion ban.
Amici are law professors who research, write, and teach about court procedure, federal courts, judicial decision making, and civil procedure.
Amici argue that the Supreme Court does not generally allow a party to challenge established precedent in its merits briefing if its certiorari petition did not ask the Court to do so. This is a prudential rule that wisely promotes the efficiency and integrity of the Court’s certiorari jurisdiction.
Amici argue that because Mississippi’s petition for certiorari did not properly raise the question of whether the Court should overrule a half century of precedent, a question that could have grave consequences for the Country and the Court, the Court should dismiss the case as improvidently granted.
This brief was one of over 50 amicus briefs filed supporting this Supreme Court case, which challenges Mississippi’s 15-week abortion ban. For more information on the case, go to Dobbs v. Jackson Women’s Health Organization.
