Wednesday, August 06, 2003

The Courts: Where's Your Amicus Now?

Seventh Circuit Judge Richard Posner, the nation's self-appointed chief intellectual, issued an in-chambers opinion today denying leave for various parties to file amicus briefs in a case pending before his court. Certainly it's within Judge Posner's discretion to deny leave, but the good judge couldn't let things slide without lecturing the movants:
In my experience in two decades as an appellate judge, however, it is very rare for an amicus curiae brief to do more than repeat in somewhat different language the arguments in the brief of the party whom the amicus is supporting. Those who pay lawyers to prepare such briefs are not getting their money's worth.
Funny, I always thought those who pay to read Posner's books aren't getting their money's worth.

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