Amicus Briefs Do Not Require Disqualification Of Supreme Court Justices

On November 13, 2023, the Justices of the Supreme Court of the United States issued a self-enforcing Code of Conduct applicable to themselves. The Code of Conduct section titled Disqualification includes the following statement: “Neither the filing of a brief amicus curiae nor the participation ofcounsel for amicus curiae requires a Justice’s disqualification” This statement […]

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Three BIG Amicus Brief Mistakes

By Lawrence Ebner, Founder, Capital Appellate Advocacy PLLC Filing amicus curiae briefs is a well-accepted part of practicing before the Supreme Court, federal courts of appeals, and many state appellate courts. If you really want to be a “friend of the court” — if you want your amicus brief to actually get read and persuade

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Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs

Power Points Updated June 2023 In June 2018 I was delighted to have recorded for DRI-The Voice of the Defense Bar an on-demand webinar entitled Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs. The webinar is intended for (i) trade associations, professional organizations, advocacy groups, and individual corporations that are interested in providing – or that get

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INBLF Litigation Fly-In Covers Broad Range of Topics, Including Amicus Briefs

On June 9, I spoke to about 25 members of the International Network of Boutique and Independent Law Firms (INBLF) at it annual Litigation Fly-In near O’Hare International Airport. Jack Henning of  Dillingham & Murphy LLP (San Francisco), and Fly-In participants, grilled me for almost an hour on Strategic Use and Effective Preparation of Amicus

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Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea?

“What could be better than a federal judge’s open invitation that not only offers a junior attorney the incentive to be the principal author of a brie, but also the rare opportunity to present oral argument on behalf of an amicus curiae?” On March 21, 2023, Judge Lee P. Rudofsky of the U.S. District Court

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Larry Ebner Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

On behalf of the DRI Center for Law and Public Policy, Larry Ebner, who chairs the Center, has submitted a letter to the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission,

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DRI Public Policy Center Proposes Elimination of Amicus Consent/Permission Requirement In Federal Courts of Appeals

On behalf of the DRI Center for Law and Public Policy, I have submitted a letter to the Judicial Conference’s Standing Committee recommending that Fed. R. App. P. 29(a) be amended to eliminate the requirement to obtain the parties’ consent, or the court’s permission, for filing amicus briefs. The Center’s recommendation follows the recent elimination

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Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts

When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated

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Supreme Court Ditches Amicus Consent Requirement

The Supreme Court on December 5 announced revisions to its rules—including elimination of the requirement that an amicus curiae obtain either the parties’ consent or the Court’s permission prior to filing its friend-of-the-court brief. “Deleting the consent requirement reflects how commonplace the filing of amicus briefs has become in the Supreme Court. The federal courts of appeals should follow

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How To Draft An Amicus Brief That Actually Gets Read

“Writing amicus curiae (‘friend of the court’) briefs is my favorite activity as an appellate lawyer,” Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner explains at the beginning of  his recent article, How To Draft An Amicus Brief That Actually Gets Read.  Published by the Federation of Defense & Corporate Counsel in

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