Proposed federal court rules will infringe on First Amendment rights, organizations say
Proposed amendments to federal rules on appellate procedures will infringe on core First Amendment rights and impose unnecessary burdens. America’s Credit Unions and more than 120 other state and federal financial services organizations shared these concerns in a letter sent Friday to the Judicial Conference of the United States Committee on Rules of Practice and Procedure.
The conference serves as the national policymaking body for federal courts. It meets twice per year to consider issues and is considering proposed amendments to Federal Rule of Appellate Procedure 29 to add requirements on filing briefs and requiring new disclosures.
The organizations note the proposed amendments would threaten the First Amendment rights of amicus organizations and their members and/or supporters. They also identified proposals that would require amicus organizations to file a motion for leave in every case and establish new criteria for judges to apply in ruling on those motions, are equally problematic.
“Amicus briefs are often helpful to the court, and to the extent they are not, the judges who decide the merits of the case are free to ignore them. That is why the Supreme Court has repeatedly loosened its rules on amicus filings and today requires neither a motion nor consent,” the letter reads. “The opposite approach taken here will burden federal courts with unnecessary motions and undermine the efficient disposition of cases.”
America’s Credit Unions often files amicus briefs in federal courts across the country to protect the best interests of credit unions.