Criticized Proposal Cut from Judiciary’s Amicus Disclosure Rule

A federal judiciary panel narrowly rejected a controversial provision in a draft rule aimed at identifying financial backers of amicus filers and other steps to increase transparency around the submission of outside briefs in appellate courts.

The Advisory Committee on Appellate Rules weighed revisions at a meeting on Wednesday for amending the Federal Rules of Appellate Procedure following a comment period that generated a flood of questions about the plan that advanced last year.

As drafted, the rule change would require organizations that file amicus, or friend-of-the-court briefs, to disclose if any of the parties or their counsel in the ...