Purpose: To stress-test and strengthen amicus curiae briefs intended for the U.S. Supreme Court using the Emotions into Action Framework (EAF). The goal is to help a brief defend itself inside chambers β anticipating opposition, withstanding skeptical questioning, and grounding legal arguments in both precedent and human dignity.
π The 5-Tier Stress-Test Protocol (Amicus Briefs)
Tier 1 β Public Clarity & Community Impact
Translate arguments into plain English without diluting doctrine.
Anchor at least one local/community fact or data point (coaches, parents, polling, school board, etc.).
Tie each community fact directly to a doctrinal hook (Equal Protection, animus, scrutiny, legitimacy).
Test: Would a non-lawyer reader understand whatβs at stake, and why it matters for real people?
Tier 2 β Opposing Briefs & Policy Context (in-text, not separate)
Identify top 3 opposing arguments (statesβ rights, fairness/Title IX, safety/privacy are common).
Rebut each directly inside the main arguments β not just in an appendix.
Distinguish elite athletics from youth/educational contexts.
Cite international or national frameworks (e.g., IOC, NCAA, federal policy) to show systemic awareness.
Test: If a clerk only read this brief, would they see we anticipated the best counterarguments?
Tier 3 β Skeptical Justice & Precedent Depth
For each major section, pair: