Rick HasenVerified account

You should write to the Reporter of the Federal Rules Advisory Committee and suggest it!

Want to join me on the letter? :)

I bet you would get A LOT of pushback from court of appeals judges on this.

I don't understand the concern. They don't have to actually READ the things.

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.

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.