Two dozen major law firms came together on Monday to send an unlikely message to the U.S. Supreme Court: It’s time to clamp down on open access to government.
The firms, led by Wachtell, Lipton, Rosen & Katz, are backing the Delaware Court of Chancery’s bid to revive its confidential arbitration program, which was deemed unconstitutional last year. On Monday they filed a 40-page amicus brief supporting the state’s Supreme Court petition for certiorari, arguing that the U.S. Court of Appeals for the Third Circuit was wrong to pull the plug on the Delaware program. Not only is the program legal, they argue, but the justices should seize the chance to halt the lower courts’ “ever-expanding vision of the First Amendment right of access.”
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