When you file an amicus brief, and you represent a state, the court reads your brief. It is a powerful position to make the legal assault from.

Ken Cuccinelli’s quote emphasizes the significant influence that an amicus brief can have when filed by a state. An amicus brief, or "friend of the court" brief, is submitted by a party that is not directly involved in a case but has an interest in the outcome. Cuccinelli highlights that when a state files such a brief, it carries considerable weight because courts often give extra attention to the perspectives of governmental entities, which can represent broader societal interests. The court reads these briefs carefully, making them a powerful tool for influencing legal decisions.

The phrase legal assault in the quote underscores the idea that an amicus brief can be a strategic legal argument used to challenge or support certain legal principles. By framing it as an “assault,” Cuccinelli suggests that the filing party—especially a state—has a strong and assertive position in the legal battle, using the amicus brief as a method to sway judicial opinion. The state’s involvement implies a significant institutional voice, adding authority and weight to the argument being presented.

Cuccinelli’s statement also reflects his own experience as a lawyer and politician, where he has used legal and institutional tools to advance certain positions. Filing an amicus brief on behalf of a state is a method that allows governments to express their views on matters of constitutional law, policy, or social issues. The state’s voice in such cases often carries considerable influence because it represents a larger public interest, potentially shaping the legal landscape on a national scale.

The origin of this quote likely comes from Cuccinelli’s work as Attorney General of Virginia, where he would have filed numerous amicus briefs to support or challenge various legal principles. His recognition of the power of such briefs highlights the important role that legal arguments play in influencing the judiciary, especially when presented by authoritative governmental bodies.