The Judicial Conference Should Continue to Liberally Allow Amicus Briefs, a Critical Advocacy Tool
Briefly

The Electronic Frontier Foundation (EFF) actively protects civil liberties through litigation, legislative efforts, and technology development. Central to their work are amicus briefs, which provide courts with independent insights in cases where EFF does not represent either party. These briefs are significant in guiding judicial decisions. However, proposed changes by the Judicial Conference may hinder their submission by disfavoring briefs on issues already noted by parties, risking a reduction in diverse perspectives in the legal process. EFF has raised concerns through comments addressing the proposed rule changes.
We often file amicus briefs that expand upon issues only briefly addressed by the parties, either because of lack of space given other issues that party counsel must also address on appeal, or a lack of deep expertise by party counsel on a specific issue that EFF specializes in.
Amicus briefs are a core part of EFF's legal work. Over the years, courts at all levels have extensively engaged with and cited our amicus briefs, showing that they value our thoughtful legal analysis, technical expertise, and public interest mission.
Read at Electronic Frontier Foundation
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