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

Summary

People who want to join a case or file a friend-of-the-court brief under section 288e have a right to do so. A judge can only refuse if the request is too late and would cause a big delay, or if the person does not have standing under section 2 of Article III of the Constitution of the United States. The Counsel, the Deputy Counsel, any designated Assistant Counsel, or counsel specially retained by the Office may appear in any federal, state, or local court without meeting that court’s usual lawyer-admission rules, but that permission does not cover admission to practice before the United States Supreme Court. Nothing in this chapter gives anyone the right to sue Congress, either House of Congress, a Member, any committee or subcommittee, any office or agency of Congress, or any officer or employee of those bodies, and it does not give a court power over such suits.

Title 2, §288l

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(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.

(c)Standing to sue; jurisdiction

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b) and (c), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended section 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.

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.

§288l Procedural Provisions