After the panelists accepted Judge Bybee’s recommendation, Lawrence S. Ebner of the Atlantic Legal Foundation, which frequently files amicus briefs, quickly validated the judge’s prediction, telling Law360 that the consent requirement would “create uncertainty that may deter preparation of amicus briefs that otherwise would facilitate appellate decision-making.”
“At a time when the federal judicial system needs to be more, not less, transparent, requiring a motion for leave is an inexplicable step backwards,” Ebner said.
