Cases Involving a Constitutional Question

(a) Written Notice Required. Within 14 days after the date of the notice that the appeal has been docketed with this Court, a party must file a written notice with this Court if the party: (1) questions the constitutionality of an Act of Congress in a proceeding in which the United States or its agency, officer, or employee is not a party in an official capacity; or (2) questions the constitutionality of a state statute in a proceeding in which the state’s attorney general is not a party in an official capacity. (b) BAP Clerk Certification. If a written notice is filed under this rule, the BAP clerk must certify that fact to the appropriate attorney general. (c) Time Period to Appear. An attorney general may appear in the appeal within 30 days after the date that the BAP clerk serves its certification.