File a brief as amicus curiae is granted

Often, after cert is granted, the parties provide blanket consent for all amici. And even when blanket consent is withheld, parties will usually grant consent if asked. Sometimes, parties will simply take "no position" on whether a merit-stage amicus brief can be filed. This non-answer amounts to consent, but the amici will have to file a motion for leave. And in rare cases, a party will deny consent. And in even rarer cases, the Supreme Court denies leave. Attorney Adam Oustacher met this final fate.

Today the Court issued its order list from the so-called "long conference. Oustacher had tried Hemphill for the murder of David Pacheco, Jr. He sought leave to file the brief at "at the request of Joanna Sanabria, the mother of David Pacheco, Jr. Such a motion is not favored.

The amicus curiae brief shall specify whether consent was granted, and its cover shall identify the party supported or indicate whether it suggests affirmance or reversal.

The Clerk will not file a reply brief for an amicus curiae, or a brief for an amicus curiae in support of, or in opposition to, a petition for rehearing. If the Court grants a party permission to file a longer brief, that extension does not affect the length of an amicus brief.

Scott J. Laurer Read more An amicus curiae filing a brief under this subparagraph shall ensure that the counsel of record for all parties receive notice of its intention to file an amicus curiae brief at least 10 days prior to the due date for the amicus curiae brief, unless the amicus curiae brief is filed earlier than 10 days before the due date. Only one signatory to any amicus curiae brief filed jointly by more than one amicus curiae must timely notify the parties of its intent to file that brief.

The amicus curiae brief shall indicate that counsel of record received timely notice of the intent to file the brief under this Rule and shall specify whether consent was granted, and its cover shall identify the party supported. Only one signatory to an amicus curiae brief filed jointly by more than one amicus curiae must obtain consent of the parties to file that brief. A petitioner or respondent may submit to the Clerk a letter granting blanket consent to amicus curiae briefs, stating that the party consents to the filing of amicus curiae briefs in support of either or of neither party.

The Clerk will note all notices of blanket consent on the docket. The motion, prepared as required by Rule