Argentina Lining Up Amici, But How?

by Jonathan Keim

Forbes asks whether Argentina is using quid pro quo to convince other countries to file amicus briefs in an upcoming Supreme Court case against its bondholders:

However, there are some indications that Argentina has paid for one or more of the anticipated amicus filings.  The Supreme Court takes a dim view of that practice; it wants each amicus filer to truly be a “friend of the court,” not a “friend of a party.”  The Court does not strictly prohibit the filing of amicus briefs that have been paid for by a party.  But it requires that the fact of payment be explicitly disclosed in the opening footnote of the amicus brief.