The Obama administration submitted a “friend-of-the-court” brief in this case, the content of which surprised some people. What did the brief say?
The Supreme Court requires the parties in a case to submit their arguments in written briefs, but it also allows outside groups and individuals to submit additional briefs laying out their views. Many outside groups, including religious groups, advocacy groups, states, counties and individuals have submitted these amicus curiae (“friend-of-the-court”) briefs, hoping to influence the high court’s decision in Galloway. In August 2013, the U.S. solicitor general submitted a brief that argues that the 2nd Circuit misinterpreted the Marsh decision when it struck down the Town of Greece’s prayer policy. Specifically, the administration contends that Marsh allows for legislative prayer, even with sectarian content, as long as the prayer does not proselytize or disparage another faith tradition. The prayer policy of the Greece Town Board met this test, the administration says, and thus should be upheld.