Until fairly recently, parties seeking to file an amicus brief before the Supreme Court had to seek the consent of the petitioner and respondent. Generally, this experience was pro forma. It was rare for consent to be denied. And if consent was not granted, amici could file a motion for leave, which was regularly granted. But this process was changed, effective January 1, 2023. Rule 37.2 removed the requirement to obtain consent of the parties. Rather, amici need to simply provide notice to the parties ten days before the day date:
An amicus curiae fling a brief under this subparagraph shall ensure that the counsel of record for all parties receive notice of its intention to fle an amicus curiae brief at least 10 days prior to the due date for the amicus curiae brief, unless the amicus curiae brief is fled earlier than 10 days before the due date.
Today, the Court denied two motions for leave to file an amicus brief where insufficient notice was filed. And both briefs were authored by law professors.
