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The Government?s About-Face Calls for a DOJ Policy on Friend-of-the-Court Briefs

By ADF Alliance Alert

Washington Legal Foundation: On January 19, 2011, after refusing to consent to the amicus briefs, the same U.S. Attorney?s Office took the unusual step of filing a ?resistance,? arguing that the amicus briefs ?should not be filed.? In the process, the United States urged the adoption of a restrictive standard for the Eighth Circuit?s acceptance of amicus briefs?one that, according to the government, Mr. Rubashkin?s amici failed to meet. The government further argued that the amicus briefs were simply ?an attempt to inject interest group politics into this case? and criticized what the government viewed as improper coordination between amicus counsel and Rubashkin?s lawyers

Full post as published by Constitutionally Correct on March 10, 2011 (boomark / email).