“The decision on whether to consider an amicus brief lies within the discretion of the court.”
“The situation most often noted in the press is when an advocacy group files a brief in a case before an appellate court in which it is not a litigant. Appellate cases are normally limited to the factual record and arguments coming from the lower court case under appeal; attorneys focus on the facts and arguments most favorable to their clients. Where a case may have broader implications, amicus curiae briefs are a way to articulate those concerns, so that the possibly broad legal or public policy ramifications of the court’s anticipated decisions will not depend solely on the positions and arguments advanced by the parties directly involved in the case. ”
I would venture to say, the Tenth will consider what is submitted in these briefings as the deliberate.