The Supreme Court's Treatment of Sovereigns as Amici Curiae

Green Bag 2d, Vol. 13, p. 289, 2011

14 Pages Posted: 17 Oct 2011

Date Written: June 1, 2011

Abstract

This article traces the history of current Supreme Court Rule 37.4, which exempts the federal government, state governments, and local governments from rules that otherwise require consent of the parties to file an amicus brief and that require disclosure of information regarding whether any person or entity other than the named amicus contributed financially or otherwise to the amicus brief. The article surveys the Supreme Court’s historical practices regarding amici filings by government entities, and locates the first rule of the Court addressing amicus filings, then traces the rule’s evolution forward to the current day. In particular, the article considers the treatment of both Indian Tribes and foreign nations as sovereign amici in the Supreme Court, and comments upon their exclusion from current Rule 37.4.

Suggested Citation

McAllister, Stephen R., The Supreme Court's Treatment of Sovereigns as Amici Curiae (June 1, 2011). Green Bag 2d, Vol. 13, p. 289, 2011, Available at SSRN: https://ssrn.com/abstract=1945324

Stephen R. McAllister (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

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