Reuters:

Members of the House Judiciary Committee are considering filing a “friend of the court” brief in Apple Inc’s encryption dispute with the U.S. government to argue that the case should be decided by Congress and not the courts, five sources familiar with the matter said.

The sources cautioned that no final agreement had been reached on what would be an unusual intervention by congressmen in a legal proceeding. Any filing would occur after a panel hearing on Tuesday that will include FBI Director James Comey and Apple General Counsel Bruce Sewell. The court deadline is Thursday.

The filing would argue that the Feb. 16 order from a federal court in California that instructs Apple to write special software to unlock an iPhone 5c used by one of the San Bernardino shooters threatens the constitutional separation of powers, the sources said.

If true, this would be a highly unusual move, and an indication that Congress is planning legislation to address this issue. Short term, an amicus brief might sway the court in Apple’s favor, allowing the ultimate decision on “back door” encryption requirements to be made by Congress.