Amicus consent rule debate

Law.com has Nixing Amicus Brief Consent Requirement Would Spur Recusal Issues, Judge Says -- "If you don't require leave of court," amici could file briefs to target the recusal of a certain judge, Ninth Circuit Judge Sidney Thomas said.

A judiciary rules committee is weighing whether it should nix the requirement that amici seek consent from the parties or the court’s permission before filing briefs, as the U.S. Supreme Court did last year. But one federal appellate judge on Thursday warned that doing away with the requirement that courts green-light briefs could cause recusal issues. In cases involving rehearing petitions, Judge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said judges may be forced to recuse from en banc voting if an automatically docketed amicus brief creates a potential conflict and there’s no way for the court to prevent the brief from being submitted.