[February 13, 2025] Southeastern Legal Foundation (SLF), an organization of top attorneys that regularly defend constitutional rights, filed a public comment to challenge proposed changes to the federal filing process for amicus briefs (Rule 29) that would make it more restrictive. The changes were recently proposed by the Committee on Rules of Practice and Procedure Judicial Conference of the United States.
An amicus (friend of court) brief urges a federal court to rule a certain way or to consider a perspective that is different from the parties, but these new changes will make it harder by forcing amici to jump through hoops before courts will even consider their brief.
SLF argues that the rule change is a direct attempt to both “hinder” the work of federal courts and bring a “chilling effect on amici” out of fear that a brief may be denied entry into a case. SLF says, “Amicus briefs play an important role in aiding courts as they consider the precedent that underlies a case, the legal and constitutional framework at play, and the impact their decisions will have.”
Legal organizations, including SLF, regularly engage with cases that align with their mission in order to help guide constitutional legal precedent and support fellow public interest law firms. Drastic changes to chill this engagement would limit law firms’ ability to protect the constitutional rights of Americans across the US.
SLF’s public complaint argues, “If judges do not wish to read an amicus brief, they may simply disregard it. The proposed changes to Rule 29 will instead require them to intentionally sift through amicus briefs via motions practice. Judges must determine whether to grant an amicus brief based on vague and overbroad terms that lack any sort of guidance.”
Southeastern Legal Foundation is a national, nonprofit legal organization dedicated to defending liberty and Rebuilding the American Republic®. Since 1976, SLF has been going to court for the American people when the government overreaches and violates your constitutional rights.
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