Two federal appeals court judges expressed support Wednesday for a rule change that would eliminate the right to file amicus briefs with the consent of both parties and instead require court approval for friend-of-the-court briefs at the panel stage.

During an Advisory Committee on Appellate Rules meeting, Judge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said allowing an amicus brief to be filed based only on consent of the parties leads to recusal problems if the brief presents an ethical conflict for a judge.