U.S. Supreme Court justices have mixed feelings about the increasing number of amicus curiae briefs filed with the court, many of which go unread. Justice Ruth Bader Ginsburg once said she has her clerks sort amicus briefs according to priority — and the “must read” pile is small.
But a brief filed in a case set for argument October 9 struck the fancy of enough justices that the court ordered lawyers for both sides to read it and be ready to discuss it at argument.
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