Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent RequirementMay 3, 2022
The Supreme Court recently proposed to eliminate the requirement to obtain the parties’ consent, or the Court’s permission, to file an amicus brief. I have written a short insight piece for DRI’s new online publication, The Brief Case, about this important development.
My article raises a fundamental point about amicus briefs:
Since the purpose of an amicus brief is to benefit the Court (as well as the supported party), its submission should not be dependent, even in theory, on the other side’s consent. Elimination of the consent requirement implies that the Court welcomes amicus briefs. The Court grants review in cases involving important legal issues that often transcend the immediate interests of the litigating parties. It makes sense, therefore, to afford all interested organizations and individuals a voice on such issues.