Litigation as a Form of Pressure Group Activity

Abstract

The important place of judicial review in the American system of government and the attention demanded by litigation dealing with large issues of public law have drawn organizations into many important court cases. In Supreme Court cases, organizations have participated openly by filing briefs as "friend of the court." They have also played a less noticed role either by aiding individuals in whose name "test cases" have been brought or by providing assistance to govern ment attorneys defending a statute in which the organization has an interest. Particular attention is drawn to the activities of the American Liberty League, the National Consumers' League, and the National Association for the Advancement of Colored People. The practices of these and other organiza tions have led to controls designed to assure the integrity of the judicial process. It is contended that controls must be applied with caution lest there be interference with freedom of associa tion and with the concomitant rights of access to the courts.