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Title 2 — The CongressRelease 119-73

§288e Intervention or appearance

Title 2 › Chapter CHAPTER 9D— - OFFICE OF SENATE LEGAL COUNSEL › § 288e

Last updated Apr 6, 2026|Official source

Summary

The Senate Counsel must join a court case or file a friend-of-the-court brief when ordered under section 288b(c) and when a case raises Congress’s powers or duties under the Constitution. The Counsel can only formally join a case if the Senate has legal standing under section 2 of Article III of the Constitution. Before acting, the Counsel must tell the Joint Leadership Group about the case and why joining or filing would help the Senate. The Joint Leadership Group must publish that notice in the Congressional Record. Any participation must only cover issues about Congress’s powers and responsibilities.

Full Legal Text

Title 2, §288e

The Congress — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective 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.

Reference

Citations & Metadata

Citation

2 U.S.C. § 288e

Title 2 — The Congress

Last Updated

Apr 6, 2026

Release point: 119-73