As I mentioned earlier, it's also highly relevant that there's no open door for oral submissions. Whereas the Supreme Court can decide that a given intervenor will bring an important perspective to help them make a better decision, in the case of chapter 11 arbitration, that will not be the case. If we submit an application to be a non-disputing party and file an amicus curiae brief, they will not be inviting us to make oral submissions, whether or not they think our perspective would be useful to them.
On March 24th, 2009. See this statement in context.