U.S. Code » Title 2 » Chapter CHAPTER 9D— OFFICE OF SENATE LEGAL COUNSEL

2 U.S.C. § 288e

Intervention or appearance

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(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.

(c) Powers and responsibilities of Congress

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.

(Pub. L. 95–521, title VII, § 706, Oct. 26, 1978, 92 Stat. 1880.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.

Notes of Decisions
Cited in 4 cases, 1980–2002 · leading case: United States v. Providence Journal Co., 485 U.S. 693 (1988).
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United States v. Providence Journal Co., 485 U.S. 693 (1988). · cites it 2× “, 2 U. S. C. § 288e(a). [10] It may well be, as the Solicitor General contends, that even while pursuing a judicially initiated contempt prosecution, the United States Attorney remains, for all practical purposes, an officer and representative of the Executive Branch under the…”
League of Women Voters v. Fed. Commc'ns Comm'n, 547 F. Supp. 379 (C.D. Cal. 1982). “Section 706(a) of the Ethics in Government Act of 1978, 2 U.S.C.A. § 288e(a) (West Supp. 1982) provides that the Senate may direct its counsel to appear as amicus curiae in its name in any legal action in which the powers and the responsibilities of Congress under the…”
League of Women Voters v. Fed. Commc'ns Comm'n, 489 F. Supp. 517 (C.D. Cal. 1980). “Aftér thoroughly considering the papers filed in this action and the arguments advanced at the hearing, the Court makes the following findings: MOTION TO APPEAR AS AMICUS CURIAE The United States Senate has a right to appear as an amicus in this action under the provisions of 2…”
Newdow v. U.S. Cong., 313 F.3d 495 (9th Cir. 2002). “See 2 U.S.C. § 288e(a). It then states: Permission to intervene as a party or to appear as amicus curiae under § 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…”
— 2 U.S.C. § 288e(a) — 4 cases
United States v. Providence Journal Co., 485 U.S. 693 (1988). “, 2 U. S. C. § 288e(a). [10] It may well be, as the Solicitor General contends, that even while pursuing a judicially initiated contempt prosecution, the United States Attorney remains, for all practical purposes, an officer and representative of the Executive Branch under the…”
League of Women Voters v. Fed. Commc'ns Comm'n, 547 F. Supp. 379 (C.D. Cal. 1982). “Section 706(a) of the Ethics in Government Act of 1978, 2 U.S.C.A. § 288e(a) (West Supp. 1982) provides that the Senate may direct its counsel to appear as amicus curiae in its name in any legal action in which the powers and the responsibilities of Congress under the…”
League of Women Voters v. Fed. Commc'ns Comm'n, 489 F. Supp. 517 (C.D. Cal. 1980). “Aftér thoroughly considering the papers filed in this action and the arguments advanced at the hearing, the Court makes the following findings: MOTION TO APPEAR AS AMICUS CURIAE The United States Senate has a right to appear as an amicus in this action under the provisions of 2…”
Newdow v. U.S. Cong., 313 F.3d 495 (9th Cir. 2002). “See 2 U.S.C. § 288e(a). It then states: Permission to intervene as a party or to appear as amicus curiae under § 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…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.