Law Practice
Oct. 13, 2015
What if an amicus is called out, but the court is wrong?
An interesting and perplexing problem: What does an amicus do when the amicus brief is called out by a justice during oral arguments, and the justice is incorrect? By Michael B. Salerno
An interesting and perplexing problem: What does an amicus do when the amicus brief
is called out by a justice during oral arguments, and the justice is incorrect? Sitting
in the audience, the amicus can't jump up and make the correction or address it in
rebuttal. Should the amicus write a letter to the justice explaining why the assertion
is wrong? Or write the chief justice, c...
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