Motion practice query. Where a judge appoints an amicus to represent a party or continue a litigation or prosecution because of an absence of adversity, then do not the parties first get notice and an opportunity to be heard to contest the appointment? Or does the court act on its own, make the appointment, and then allow the parties to make objections after-the-fact?
If the court had prior contacts with the amicus—eg, a beauty contest or competition for the starring amicus role—do the parties get to see the records of those contacts between the court and the amicus?
Who, if anyone, has oversight over Amicus
(Inquisitor)Gleeson? Is it DOJ? Can DOJ assert authority over Gleeson or “his” case, like in a qui tam matter? Does Gleeson take an oath of office to support the Constitution? Is Gleeson subject to the ethical guidance which applies to federal prosecutors or the other policies of the DOJ?
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From the comments:
The jurisdiction of federal courts is of course limited to “cases and controversies.” If the US wants to dismiss, and the defendant wants to dismiss, where is the case or controversy? If the court has no subject matter jurisdiction, the case ends right there.