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August 10, 2020 at 8:55 pm

Supreme Court Ruled Unanimously Last Week Against Improper Use of Amicus Briefs; Relevant for Flynn Case…

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The U.S. Supreme Court ruled unanimously last week against the improper use of amicus briefs by judges to shape a court case as they wish — which is what Judge Emmet G. Sullivan is doing, critics say, in the ongoing Michael Flynn case.

On Tuesday, Judge Sullivan announced that he would accept amicus briefs about whether he should grant the Department of Justice’s (DOJ) motion to dismiss the case against Flynn. On Wednesday, Sullivan went a step further, appointing retired judge John Gleeson as amicus curiae (“friend of the court”) to argue against dismissal, and to argue Flynn be held in criminal contempt.

(Gleeson had already expressed his views in an op-ed in the Washington Post on Monday, attacking the DOJ’s motion.)

But last week, in the case of U.S. v. Sineneng-Smith, the Supreme Court held that the Ninth Circuit acted improperly by appointing three amici and directing them to brief issues that the judges wanted to consider — but the litigants had not raised…

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