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Reason
Reason
Politics
Josh Blackman

Judge Ho's Decision To Appoint Paul Clement In United States v. Adams (Updated)

Today, Judge Ho (no, not that Judge Ho) appointed Paul Clement as an amicus in United States v. Adams.

Accordingly, to assist with its decision-making via an adversarial process, the Court exercises its inherent authority to appoint Paul Clement of Clement & Murphy PLLC as amicus curiae to present arguments on the Government's Motion to Dismiss. See Seila L. LLC v. Consumer Fin. Prot. Bureau, 591 U.S. 197, 209 (2020) ("Because the Government agrees with petitioner on the merits of the constitutional question, we appointed Paul Clement to defend the judgment below as amicus curiae. He has ably discharged his responsibilities.") . The Court expresses its gratitude to Mr. Clement for his service and will provide Mr. Clement a copy of this Order and the transcript from the February 19 conference.

From time-to-time, the federal government declines to defend a judgment in a pending Supreme Court case. In such cases, the Court will appoint an amicus to defend the judgment below. In other words, the amicus is not arguing his own personal views on the law, but is instead defending what the lower court did.

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