Abstract
Supreme Court Rule 33 should be slightly revised beyond the currently proposed amendments to separately account for the particular nature of merits-stage amicus briefs filed in support of neither party. In sum, my proposed revisions would create an additional sub-category under Rule 33 to differentiate — via a unique cover color — amicus briefs that do not support either party. Given that paper remains the official form of filing, creating such a new sub-category would assist the Court by making amicus briefs in support of neither party distinctly recognizable vis-a-vis amicus briefs supporting the petitioner.
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