Divided we fall

Third in the Amici series

AG Beshear’s Amicus brief was filed on behalf of Kentucky:

The Commonwealth of Kentucky by and through Andy Beshear, the Attorney General of Kentucky, submits this brief “without the consent of the parties or leave of court” pursuant to FRAP 29(a)(2), and in support of Appellees, EMW Women’s Surgical Center and Planned Parenthood of Indiana and Kentucky.

Please remember this when you vote in November. When you split your vote between Republican and Democrat, conflicts may erupt that will cost us taxpayers a LOT of money and impede progress for many key issues.

What is FRAP 29(a)(2)? Federal Rules of Appellate Procedure state that amicus briefs may only be filed by the U.S. or its officer or agency or a state without the consent of the parties or permission of the court.

How would “state” be defined in this instance? Would it not make sense that STATE means the entity that is being sued, and PARTIES would be the entities suing the STATE? So, here we have the STATE filing an amicus NOT for the STATE, but for the PARTIES. We call on the judge of the matter to throw out this Amicus.

(A similar but separate Amicus brief has been filed with the support of 20 other states, led by the AG of Nevada. At least it follows the protocol of FRAP 29(a)(2).)

As the KRLA blog posted on March 28, an Amicus brief was filed by 16 states IN SUPPORT of TAs. It TOO was based on FRAP 29(a)(2).

Is your head spinning? Please! Remember Kentucky’s motto: United we stand, divided we fall.