You should write to the Reporter of the Federal Rules Advisory Committee and suggest it!
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I don't actually know that we'd get a lot of pushback. The requirement serves almost no purpose. Almost everyone consents, and when they don't, the court of appeals grants leave in virtually every instance.
if one did not need to ask for consent it would become a matter of course for people to file even marginally valuable amicus briefs.
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Really? I pretty strongly disagree with this. People or entities decide whether to submit an amicus brief and write it without considering whether consent will be provided. Indeed, consent is usually sought shortly before filing, long after the brief is drafted.
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I'm not so sure, but would be great if we had circuits that did and those that didn't to see if there's a difference
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For the record, I absolutely think there should have to be permission to file in the district courts. But not in the courts of appeals.
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The one time I filed an amicus brief in the district court, Judge Wilson accepted it and then cited my own law review article against my position!
- End of conversation
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