§ 288e. — Intervention or appearance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC288e]
TITLE 2--THE CONGRESS
CHAPTER 9D--OFFICE OF SENATE LEGAL COUNSEL
Sec. 288e. Intervention or appearance
(a) Actions or proceedings
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) Notification; publication
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) of this
section 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) Powers and responsibilities of Congress
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.
(Pub. L. 95-521, title VII, Sec. 706, Oct. 26, 1978, 92 Stat. 1880.)
Section Referred to in Other Sections
This section is referred to in sections 288, 288b, 288l of this
title.
