2 U.S.C. § 288e — Intervention or appearance

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 247 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Senate Legal Counsel step into a lawsuit or appear as a friend of the court, but only when the Senate directs it and only in cases where the powers of Congress under the Constitution are at issue. The Counsel can only do this if the Senate has legal standing to intervene. The Counsel must tell the Joint Leadership Group about any case worth stepping into, and that notice gets published in the Congressional Record.

(a) When the Counsel may act. When directed under section 288b(c) of this title, the Counsel may intervene in, or appear as amicus curiae (friend of the court) in, any legal case pending in a federal, state, or local court, in the name of the Senate or in the name of an officer, committee, subcommittee, or chair of a committee or subcommittee of the Senate — but only in cases where the constitutional powers and responsibilities of Congress are at issue. The Counsel may only intervene if the Senate actually has standing to intervene under Article III, section 2 of the Constitution. (b) Notice and publication. The Counsel must tell the Joint Leadership Group about any legal case where the Counsel believes intervening or appearing as amicus curiae under subsection (a) would serve the Senate's interests. That notice must describe the case and explain why the Counsel thinks getting involved serves the Senate's interests. The Joint Leadership Group must have that notice published in the Congressional Record for the Senate. (c) Limited scope. Any intervention or amicus appearance under this section must be limited to issues about the powers and responsibilities of Congress.

the actual law source: uscode.house.gov ↗public domain

(a) Actions or proceedings

When directed to do so pursuant to section 288b(c) of this title, the Counsel shall intervene or appear as amicus curiae in the name of the Senate, or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate in any legal action or proceeding pending in any court of the United States or of a State or political subdivision thereof in which the powers and responsibilities of Congress under the Constitution of the United States are placed in issue. The Counsel shall be authorized to intervene only if standing to intervene exists under section 2 of article III of the Constitution of the United States.

(b) Notification; publication

The Counsel shall notify the Joint Leadership Group of any legal action or proceeding in which the Counsel is of the opinion that intervention or appearance as amicus curiae under subsection (a) is in the interest of the Senate. Such notification shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that intervention or appearance as amicus curiae is in the interest of the Senate. The Joint Leadership Group shall cause said notification to be published in the Congressional Record for the Senate.

The Counsel shall limit any intervention or appearance as amicus curiae in an action or proceeding to issues relating to the powers and responsibilities of Congress.

Source credit: (Pub. L. 95–521, title VII, § 706, Oct. 26, 1978, 92 Stat. 1880.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-521 · 92 Stat. 1880

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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