Friday, February 25, 2011
Anthony J. Franze & R. Stanton Jones (Arnold & Porter LLP) have a wonderful article in Bloomberg Law Reports titled, With Friends Like These: The Troubling Implications of the Government's Recent Effort to Block Amicus Curiae Briefs in a Controversial White Collar Criminal Appeal.
Amici briefs serve an important function and courts often rely on amici to present matters that need to be addressed in a case. One would think the government - as "ministers of justice" - would want the court to hear and read everything. So a non-consent on the filing of amici briefs in a case when government conduct is being questioned is troubling. And if the amici briefs are nothing more than someone "seeking to 'inject interest group politics into this case'" - wouldn't the court be capable of recognizing this?
I have previously blogged about the Rubashkin case here.