1.

Amicus Participation

Identification of possible amicus cases. The Appellate Section reviews recent decisions and other legal publications to learn of appropriate cases. It also maintains contact with General Counsel offices of other federal agencies, such as the EEOC, the Department of Labor, and the Department of Education, and with private civil rights organizations, and should encourage suggestions from such agencies and groups. The trial sections will often learn of possible amicus cases in an appellate court in the ordinary course of carrying out their responsibilities. They should be alert for such cases and should provide the Appellate Section prompt notice of the existence of such cases. United States Attorneys are also encouraged to notify the Appellate Section of possible amicus cases. Selection of amicus cases. Each Section should make a written recommendation to the Appellate Section when it thinks the Appellate Section should consider a case for amicus participation. The recommendation should state: The date of entry of judgment; The appellate schedule insofar as it has been established; The reasons for amicus participation; and The attorney(s) in the Section, if any, most familiar with the case. The Appellate Section reviews each possible amicus case and makes a determination whether to seek Solicitor General authorization to participate. The Appellate Section will consult with the appropriate trial Section or Office and with affected federal agencies in the course of making this determination. The Chief of the Appellate Section should consult with the Assistant Attorney General on all cases in which there is a substantial disagreement among Sections or when it appears that the case otherwise merits the Assistant Attorney General's attention. In cases raising fundamental issues the resolution of which may affect large segments of responsibilities of the Civil Rights Division, broader discussion should precede the final decision. If another federal agency has recommended amicus participation and the Division disagrees, the Division will make a negative recommendation to the Solicitor General. In all circumstances, the Department's files should reflect the reasons for any decision as to amicus participation. The Division also should convey any decision on amicus participation to all those outside the Department who have suggested or otherwise commented on such participation. A copy of each document reflecting the Division's disposition or recommendation should be sent to the Assistant Attorney General and to the appropriate Deputy Assistant Attorney General and Section in the Division. [cited in USAM 8-2.170]