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.


πŸ›  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 what’s 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 (states’ 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: