2 U.S.C. § 288l — Procedural provisions

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 sets rules for how the Senate Legal Counsel's court appearances work procedurally. A court can only deny the Counsel permission to intervene or appear as amicus curiae if the request is untimely and would badly delay the case, or if standing to intervene doesn't exist. The Counsel and staff don't have to meet the usual bar-admission requirements to appear in most courts, except the U.S. Supreme Court. And this chapter doesn't give anyone new standing to sue, or give any court new jurisdiction, over Congress or its members, offices, or staff.

(a) Right to intervene. Permission to intervene as a party, or to appear as amicus curiae, under section 288e of this title is a matter of right. A court may deny it only if the court expressly finds either that the request is untimely and would significantly delay the pending case, or that standing to intervene has not been established under Article III, section 2 of the Constitution. (b) No bar-admission requirement, with one exception. To do their job under this chapter, the Counsel, the Deputy Counsel, or any designated Assistant Counsel or specially retained counsel for the Office may appear in any federal, state, or local court proceeding without meeting that court's usual requirements for admission to practice — except that this does not apply to appearing before the United States Supreme Court. (c) No new standing or jurisdiction created. Nothing in this chapter gives any party standing to bring, or gives any court jurisdiction over, a civil or criminal case against Congress, either House of Congress, a Member of Congress, a committee or subcommittee, or any congressional office, agency, officer, or employee.

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

(a) Intervention or appearance

Permission to intervene as a party or to appear as amicus curiae under section 288e of this title shall be of right and may be denied by a court only upon an express finding that such intervention or appearance is untimely and would significantly delay the pending action or that standing to intervene has not been established under section 2 of article III of the Constitution of the United States.

(b) Compliance with admission requirements

The Counsel, the Deputy Counsel, or any designated Assistant Counsel or counsel specially retained by the Office shall be entitled, for the purpose of performing his functions under this chapter, to enter an appearance in any proceeding before any court of the United States or of a State or political subdivision thereof without compliance with any requirement for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.

Nothing in this chapter shall be construed to confer standing on any party seeking to bring, or jurisdiction on any court with respect to, any civil or criminal action against Congress, either House of Congress, a Member of Congress, a committee or subcommittee of a House of Congress, any office or agency of Congress, or any officer or employee of a House of Congress or any office or agency of Congress.

Source credit: (Pub. L. 95–521, title VII, § 713, Oct. 26, 1978, 92 Stat. 1883.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-521 · 92 Stat. 1883

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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