A proposed rule change that would require amicus filers to more broadly disclose financial ties to parties, and in particular nonparties, could lead to recusal issues for judges and presents First Amendment questions, members of a federal judiciary committee said Tuesday.

The concerns surfaced during a Committee on Rules of Practice and Procedure meeting, where members shared thoughts on potential adjustments to amicus brief funding disclosure requirements. Transparency advocates have expressed fears that parties and others can exceed page limits and manufacture the appearance of wide support by secretly funding amicus briefs.

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