True or false: Under Rule 37.4 of the Supreme Court Rules (effective January 1, 2023), amicus curiae briefs in connection with emergency (shadow docket) applications are entirely prohibited.

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False. Rule 37.4 “discourages” amicus briefs in emergency applications but does not bar them outright.  It provides that such a brief “must be filed as promptly as possible considering the nature of the relief sought and any asserted need for emergency action” and “should be filed only if it brings to the attention of the Court relevant matter not already presented by the parties that will be of considerable help to the Court.”  This amendment took effect January 1, 2023, when the Court removed the prior consent requirement and added the high bar for emergency filings to balance speed on the shadow docket with useful outside perspectives (Supreme Court Press Release, Dec. 5, 2022; SCOTUSblog analysis, Dec. 6, 2022).

True or false: Under Rule 37.4 of the Supreme Court Rules (effective January 1, 2023), amicus curiae briefs in connection with emergency (shadow docket) applications are entirely prohibited.

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