§288e Intervention or Appearance

Summary

When ordered under section 288b(c), the Counsel must step into a court case or appear as a friend of the court in the name of the Senate or a Senate officer, committee, subcommittee, or chair when a case raises questions about Congress’s powers or duties under the Constitution. The Counsel may only intervene if it has standing under section 2 of Article III of the Constitution. The Counsel must tell the Joint Leadership Group about any case it thinks the Senate should join. That notice must explain the case and why joining helps the Senate. The Joint Leadership Group must publish the notice in the Congressional Record for the Senate. Any participation by the Counsel must focus only on issues about Congress’s powers and duties.