Safeguarding Judicial Integrity by Making the Executive Branch's Unfettered Amicus Gateway Transparent: An Argument for the Supreme Court to Exercise Its Inherent Authority to Make Public the President's Tax and Investment Records

Authors

Joshua E. Kastenberg, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

Fall 2017

Abstract

This article proposes a rule to "level the playing field" in amicus practice. Currently, the executive branch is not required to submit a fiscal disclosure statement to the Court or the lower courts when filing an amicus brief. But there is little evidence to support that the executive branch is filing "in the best interest of the United States," due to the lack of transparency in the White House. Using a historic model as well as contemporary ethics analysis, it becomes clear that there is no historic precedent for requiring the executive branch to conduct itself in the best interest of the United States.

Publication Title

Northern Illinois University Law Review

Volume

38

Issue

1

First Page

1

Last Page

43

Recommended Citation

Joshua E. Kastenberg, Safeguarding Judicial Integrity by Making the Executive Branch's Unfettered Amicus Gateway Transparent: An Argument for the Supreme Court to Exercise Its Inherent Authority to Make Public the President's Tax and Investment Records, 38 Northern Illinois University Law Review 1 (2017).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/687