On August 19, 2024, WLF filed comments urging the Committee on Rules of Practice and Procedure to scrap proposed amendments to Rule 29. Although the Supreme Court made it easier to file amicus briefs last year, the proposal makes it harder to file amicus briefs by requiring a motion in all cases. The Committee’s rationales for departing from the Supreme Court’s recent action are nonsensical. The comments explain how the motion requirement is unnecessary, will cause more work for judges, will cause uncertainty for amici, and will lead to less diverse perspectives. The comments also describe the First Amendment problems with the proposal to increase disclosure requirements. As the proposal neither advances a compelling governmental interest nor is narrowly tailored, it flunks strict scrutiny.
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