Measuring Party Polarization in Congress: Lessons from Congressional Participation in Amicus Curiae

First, I will detail the prevalence of party polarization and how party polarization has limited congressional interest in its institutional prerogatives vis-à-vis the executive. Second, I will discuss my research findings governing congressional amicus briefs. I will consider patterns in bipartisan filings over time (comparing the less polarized 1974–1985 Supreme Court terms with the more polarized 2002–2013 terms). I will also consider the types of issues lawmakers and their institutional counsel have pursued in their filings. This investigation will reveal a decline in briefs in institutional cases and an upswing in briefs on politically salient issues that divide the parties (abortion, same-sex marriage, campaign finance, etc.). Third, I will draw some conclusions from this study and also draw some contrasts between filings by individual members of Congress and filings by the institutional counsels for the House and Senate