A Statement of Interest is a filing the U.S. Department of Justice submits to a federal or state court to tell the court how a pending lawsuit affects the interests of the United States. The government is not a party to the case. It does not ask the court for any relief for itself, and it is not bound by the outcome. It simply offers its legal position so the judge understands how a ruling could affect federal law, enforcement priorities, or policy.
The Statute Behind the Filing
The authority comes from 28 U.S.C. § 517, which lets the Attorney General send the Solicitor General or any Department of Justice officer to any federal or state court to attend to the interests of the United States.1Office of the Law Revision Counsel. 28 USC 517 – Interests of United States in Pending Suits The statute is broad. It does not list the kinds of cases that qualify, and it does not spell out procedures. The only requirement is that an interest of the United States must be at stake.
That makes the filing a lighter-touch alternative to formal intervention. Under Federal Rule of Civil Procedure 24, a party that wants to join an existing lawsuit must file a motion, show a sufficient legal interest, and submit a pleading laying out its claims or defenses.2Cornell Law School. Federal Rules of Civil Procedure Rule 24 – Intervention An intervenor becomes a named party, is bound by the judgment, and typically files multiple briefs and shows up at hearings. A Statement of Interest skips all of that. The government files its analysis and that is the extent of its involvement. If deeper participation is warranted, the DOJ pursues intervention under Rule 24 instead.
Statement of Interest vs. Amicus Brief
The two labels are closely related. In practice, “Statement of Interest” is what the DOJ calls the filing at the trial court level. “Amicus curiae brief” is the standard term for a similar filing in appellate courts and the U.S. Supreme Court. The purpose is the same: a non-party offers the court its legal views.
The procedural rules diverge by court level. Federal Rule of Appellate Procedure 29 explicitly exempts the United States, its officers, and its agencies from needing party consent or court permission to file an amicus brief.3Cornell Law School. Federal Rules of Appellate Procedure Rule 29 – Brief of an Amicus Curiae At the trial court level, no equivalent rule exists, so the DOJ relies directly on § 517. Private amici, by contrast, must get consent from all parties or ask the court for permission, and they have to justify why their perspective adds something the parties have not already covered.
Either way, the court decides how much weight to give the arguments.
When the DOJ Decides to File
Only the Department of Justice files Statements of Interest on behalf of the United States. Individual agencies such as the Department of Housing and Urban Development, the Federal Trade Commission, or the Environmental Protection Agency may flag cases that affect their work, but they route the filing through the DOJ to keep the federal position consistent.
The decision to file is discretionary. The statute publishes no criteria, and the DOJ has not released binding internal guidelines. Attorneys within the relevant division research the case, assess the federal interest, and draft the submission. Cases with novel legal questions, potential conflicts with federal enforcement priorities, or the risk of inconsistent rulings across jurisdictions are the ones that tend to draw attention.
Recent examples give a sense of the range:
- Civil rights. In 2026 the DOJ filed a Statement of Interest arguing that a proposed class action settlement over an inaccessible retail website would give consumers with vision disabilities too little value while generously compensating attorneys.4United States Department of Justice. Disability Rights Cases
- Fair housing. The DOJ has filed in cases involving algorithm-based tenant screening systems that disproportionately reject applicants based on race or national origin, and in cases where landlords excluded tenants who do not speak English, arguing the practice can violate the Fair Housing Act’s national origin protections.5U.S. Department of Justice. Justice Department Files Statement of Interest in Fair Housing Act Case Alleging Unlawful Algorithm-Based Tenant Screening Practices6United States Department of Justice. Justice Department Files Statement of Interest in Fair Housing Act Case Alleging Unlawful Exclusion of Tenants Who Do Not Speak English
- Antitrust. In 2025, the FTC and DOJ jointly filed a Statement of Interest arguing that institutional investors can be held liable under the Clayton Act when they use stock holdings in competing companies to achieve anticompetitive goals.7Federal Trade Commission. FTC and DOJ File Statement of Interest in Energy Collusion Case Against BlackRock, State Street, and Vanguard
- International law. The DOJ files in cases involving foreign governments, international organizations, or diplomats to clarify positions on sovereign immunity and treaty obligations. In one case, it told the court that the United Nations is absolutely immune from suit under the Convention on Privileges and Immunities.8U.S. Department of State. U.S. Statement of Interest in Laventure v. UN
What a Statement of Interest Contains
A Statement of Interest is a structured legal document, usually shorter and narrower than the briefs the parties file. It identifies the federal statute, regulation, or policy that justifies the government’s participation; sets out the government’s position on how the relevant law should be interpreted, often with legislative history or context the parties may not have raised; and tells the court what it is asking for, which is typically the adoption of its reading of the law when the judge rules on a pending motion.
Effective filings stay in the lane of legal analysis. Courts expect the government to speak to the law and leave factual disputes to the parties. Timing matters as well. The DOJ generally files before the court rules on a significant motion such as a motion to dismiss or a motion for summary judgment, because filing after a ruling is disfavored and can be a reason for the court to disregard the submission.
Limits on the Government’s Authority
The authority under § 517 is not unlimited. A Statement of Interest has to be tied to an identifiable interest of the United States.1Office of the Law Revision Counsel. 28 USC 517 – Interests of United States in Pending Suits In purely private disputes where no federal statute, regulation, or policy is implicated, the Attorney General has no authorization to weigh in. Courts have also criticized filings that drift into factual argument or lean too hard toward one side instead of offering a neutral read of federal law.
The filing is also not binding. A judge may find the government’s analysis persuasive, partially useful, or unpersuasive. It carries no more inherent authority than any other well-reasoned legal argument.
Challenging a Statement of Interest
If the DOJ files one in your case, you can push back. Parties have moved to strike a Statement of Interest on several grounds:
- Untimeliness, when the filing arrived after the court ruled or after briefing was complete.
- Factual overreach, when the government argued facts instead of staying with legal interpretation.
- Irrelevance, when the filing did not address the legal issue actually before the court.
- Partisanship, when the brief read as advocacy for one side rather than a neutral reading of federal law.
Courts have broad discretion to accept or reject these challenges. A judge who finds the brief helpful will consider it; a judge who finds it untimely or overreaching can give it no weight.
Asking the DOJ to File One
If you are in a lawsuit and think a Statement of Interest would be relevant, you can ask the department to consider your case. The DOJ’s Employment Litigation Section, for example, accepts requests from parties in cases raising novel or evolving questions of employment discrimination law. Contact the section within 30 days of the start of litigation or within 2 days of a dispositive motion being filed.9U.S. Department of Justice. Statements of Interest
Your request should include the case name and number, the court’s jurisdiction, a summary of the facts, and a description of the legal question you think warrants federal input. Add any upcoming court deadlines and information about other amicus parties already involved. Any information you submit may be subject to disclosure under the Freedom of Information Act.9U.S. Department of Justice. Statements of Interest Submitting a request does not guarantee a filing. The decision stays with the Attorney General.