Federal Panel Scraps Donor Disclosure for Amicus Briefs
A key federal rule-making panel voted to drop donor disclosure for amicus briefs in appellate courts.
Why it matters: This decision affects transparency and privacy in appellate litigation, directly impacting law firms' advocacy strategies and corporate legal operations. The move also highlights ongoing debates between transparency and associational rights for organizations submitting amicus briefs.
- On April 16, 2026, the Advisory Committee on Appellate Rules voted to remove mandatory donor disclosure for amicus briefs.
- The proposal would have required disclosure of donors giving over $100, especially new members.
- Privacy and First Amendment concerns led to the withdrawal of the rule, with opposition from the U.S. Chamber of Commerce and advocacy groups.
- The rule change was initially scheduled to take effect December 1, 2026, but was shelved after executive committee review.
A proposed federal rule mandating organizations to disclose donors contributing more than $100 to amicus briefs in appellate cases has been scrapped. On April 16, 2026, the Advisory Committee on Appellate Rules voted to strike the planned donor disclosure requirement after significant pushback.
- The rule, targeting new members of organizations who contributed within 12 months, was initially set for December 1, 2026 activation. But privacy concerns voiced by the Judicial Conference's executive committee led to its withdrawal in March 2026.
- The panel was inundated with opposition from legal and advocacy groups. The U.S. Chamber of Commerce argued that the rule would "infringe on associational rights under the First Amendment." The National Taxpayers Union Foundation and People United for Privacy Foundation echoed these constitutional and privacy concerns in formal comments.
- Committee members cited chilling effects, with Judge Carl Nichols recommending: "the panel might want to adopt a recommendation that the language be dropped altogether." The executive committee explained that compelled disclosure "could interfere with the privacy of those organizations and of their members, who may be chilled from contributing."
This outcome leaves in place existing appellate procedures regarding amicus filings and underscores persistent tension between transparency and privacy in federal litigation.
By the numbers:
- $100 — Minimum donation that would have triggered disclosure under the scrapped rule
- April 16, 2026 — Date the Advisory Committee voted to remove donor disclosure
- December 1, 2026 — Original effective date for the proposed requirement
Yes, but: Transparency advocates may view the move as a setback, as details on alternative measures have not been released.
What's next: It remains to be seen if the Advisory Committee will propose alternative amendments to address transparency in amicus brief filings.