Readings that are contrary to the explicit text of the statute usually don't generate precedent because they are rarely asserted, especially not in published decisions. But I looked up some more for you:
United States v. Roberts, Nos. 4:12-cr-40026, 4:16-cv-04012, 2016 U.S. Dist. LEXIS 147366, at *8 (W.D. Ark., Oct. 25, 2016).
The United States is already a party to this action and has been served with this filing. As a result, the notice requirement set forth in Rule 5.1 has been satisfied. Accordingly, the Court hereby denies Roberts' motion to the extent that it requests that the Court certify to the Attorney General that the constitutionality of a federal statute has been called into question.
United States v. Stuler, Civ.No. 08-273, 2018 U.S. Dist. LEXIS 250550, at *2-3 (W.D. Pa., Feb. 13, 2018).
Quite simply, the United States must be given the option to intervene if it is not a party to a case in which a constitutional challenge is made to a federal statute. ... Thus, this rule requiring certification does not apply in the case at bar because the United States is already a party to this case.
Underhill v. Metro Gov't Jefferson Cnty. Att'y Mike O'Connell, No. 3:24-cv-171-DJH, 2024 U.S. Dist. LEXIS 253286, at *1-3 (W.D. Ky., Dec., 2024).
After the case was dismissed, pro se Plaintiff Lisa Underhill filed a motion asserting a "Rule 5.1 Constitutional Challenge." ... In the motion, Underhill asserts that the Court must certify ....
In any event, neither Rule 5.1 nor § 2403 are applicable here. ... [S]ee also Fed. R. Civ. P. 5.1 (requiring that "the parties do not include the state, one of its agencies, or one of its officers or employees in an official capacity") Underhill's case does not implicate § 2403(b) because she sued a state entity.
You might be interested in the Committee's
description of the published draft.
The relationship between the rules and the statute they implement, § 2403, also is important. ...
Both the Rule 5.1 draft and Appellate Rule 44 depart from § 2403 in at least three ways. First, each imposes an obligation a party ....
Second, § 2403 applies only to a statute "affecting the public interest." ... Rule 5.1 (b) also requires certification, going beyond Appellate Rule 44. This expansion of the statutory certification requirement flows from the belief that the Attorney General should be the first to determine whether an act affects the public interest and to argue for intervention on that view. ...
Third, § 2403 does not require notice to the Attorney General if a United States officer or employee is a party. Both Appellate Rule 44 and draft Rule 5.1 require notice when an officer or employee is a party, but is not sued in an official capacity. With respect to an Act of Congress, the United States Attorney General often will have notice under Civil Rule 4(i) of an action against a United States officer or employee in an individual capacity, but not always.
Note that the rule is expressly meant to be broader than § 2403 in some ways. The expanded certification (even when it's not "affecting the public interest") is accomplished by 5.1(b) incorporating the requirements of 5.1(a). If you read it standing alone, then you would also suppose that certification is needed when a statute is "questioned" about something other than its constitutionality.
It is not expanded not by requiring certification when an officer in his official capacity is a party. This is because service against an officer of the United States in his official capacity already requires sending a copy to the Attorney General, under Rule 4(i)(1)(B). And the purpose of certification is to facilitate intervention; in your reading, the Attorney General must have an opportunity to intervene even if he himself is already a party.