At the forthcoming meeting of the U.S. Judicial Conference’s Advisory Committee on Appellical Rules, members are set to deliberate on a significant proposal related to the filing of merit stages amicus curiae briefs in federal courts of appeals. The proposal questions the current practice of consent filing and suggests that parties must acquire court permission before they can file federal amicus briefs.
The implications of this proposed amendment to the Federal Rules of Civil Procedure would not only eliminate long-standing practices but might also render the process less democratic and transparent. This observation has been put forth by professionals like Lawrence Ebner from the Atlantic Legal Foundation and DRI Center who have voiced their concerns about this new development.
However, the recommendation is currently under consideration and it remains to be seen how it will influence the future practice of filing amicus curiae under federal jurisdiction.