Electronic briefs not on Court’s own website

Under the Supreme Court’s revised Rules, briefs in granted cases, including amicus briefs, are to be filed in electronic as well as in booklet form. A recent memo that the Court sent to attorneys said that “Briefs submitted electronically should be available on the Court’s web site the next business day.” On Tuesday, the Court clarified — in response to an inquiry — that the briefs will not be accessible directly on its own web site, but there will be a link to an American Bar Association site that will provide access to briefs of parties and of amici.

The Court’s own web site now provides such a link; it can be found here. That is the place where the electronic briefs will be reachable when filed under the revised Rules, according to the Court’s plan. Indeed, some are already there.

Thus, while the memo to counsel said that the electronic briefs “should” be available the next business day, it is now apparent that whether that actually occurs will depend upon whether the ABA site does display them that quickly.