Is Vicki Jackson Amicus Curiae or Amica Curiae?

March 4th, 2013

Vicki Jackson identified herself as “Amica Curiae” (feminine) in her brief to the Court in United States v. Windsor–“Brief for Court-Appointed Amica Curiae Addressing Jurisdiction.”

Yet, the Court continues to refer to her as “Amicus” (masculine).

Vicki C. Jackson, Esq., of Cambridge, Massachusetts, is invited to brief and argue this case, as amicus curiae, in support of the positions that the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case, and that the Bipartisan Legal Advisory Group of the United States House of Representatives lacks Article III standing in this case.

In the United States’s reply brief in Windsor, the Solicitor General correctly refers to Jackson as “the Court-appointed amica curiae.”

In the U.S. Supreme Court Briefs database, I found 23 briefs that use “Amica Curiae.” For next term we have a “Brief of Amica Curiae Birth Mother in Support of Petitioners and Baby Girl” in Adoptive Couple v. Baby Girl.

Interestingly, the earliest hit on West is from 1936. “Brief of the State of Washington As Amica Curiae.” I can only assume that Washington is referred to a state, as if it was feminine.

H/T Ken J. on Facebook