Washington, D.C. – U.S. Senator Sheldon Whitehouse (D-RI), Ranking Member of the Senate Judiciary Courts Subcommittee and the Senate’s leading champion for increasing transparency in the judicial system, today released the following statement on the U.S. Judicial Conference’s Committee on Rules of Practice and Procedure finalizing a watered-down rule to minimally increase the disclosure required by filers of amicus curiae briefs:
“This slightly amended rule fails to address the coordinated flotillas of amicus briefs, whose coordination is hidden from courts and parties and the public by an ineffective rule. I appreciate the recognition by the Judicial Conference that its disclosure rule was inadequate, and will continue urging further transparency. The shadowy world of billionaire-funded flotillas of amicus briefs does not deserve courts’ protection. The American people should know when ultra-wealthy interests are lobbying judges to bend the justice system in their favor.
“I would add that disclosure would not be burdensome, because the flotilla lawyers already know how the flotillas are assembled, and by whom. Disclosing what they already know would require minimal effort.”
The rule now heads to the full Judicial Conference for approval.
Whitehouse recently reintroduced his SCERT Act, which would force greater disclosure of amicus curiae funding; require parties and amici curiae before the Supreme Court to disclose any recent gifts, travel, or reimbursements they’ve given to a justice; and require parties and amici curiae before the Supreme Court to disclose any lobbying or money they spent promoting a justice’s confirmation to the Court.
