A proposed change to Rule 32 of the Federal Rules of Appellate Procedure would put appellate briefs on an enforced diet:
- a principal brief would max out at 12,500 words (rather than the current 14,000 words)
- a reply brief would have half that.
- Seth Waxman submitted a letter on behalf of the appellate practice groups of several large law firms (including his own firm, Wilmer Cutler Pickering Hale and Dorr LLP).
- EarthJustice, Sierra Club, Defenders of Wildlife, and Western Environmental Law Center submitted joint comments.
- The American Academy of Appellate Lawyers also weighed in, approving changes to other rules but not Rule 32.
- Judge Frank Easterbrook (7th Cir.) wrote supporting the current, 14,000-word limit, and also explaining its origin.