Feb 20, 2012

Authorizing the Filing of an Amicus Brief in Extraordinary Matters

Purpose

This protocol provides further guidance on the scheduling of House Resolutions authorizing or directing the Speaker to file an amicus brief on behalf of the House in extraordinary matters.

Protocol

The Republican Leader shall not schedule, or request to have scheduled, a resolution authorizing or directing the Speaker to file an amicus brief on behalf of the House unless the case for which the brief is proposed: (i) is pending before, or under consideration by, the Supreme Court of the United States, (ii) involves Executive Branch actions that intrude upon, or threaten to intrude upon, the powers, functions, and/or duties entrusted to Congress by Article I of the Constitution, as identified by the questions presented by the Supreme Court of the United States and as determined by the House Office of General Counsel; and (iii) does not exclusively involve issues of statutory interpretation, as determined by the House Office of General Counsel.