Sen. Patrick Leahy says he is thinking about proposing legislation that would allow a retired U.S. Supreme Court justice to sit in a case when a current justice has recused -- in what would be a major shift in how the Court operates. Leahy, who chairs the Senate Judiciary Committee, said he decided to draft a bill after a recent meeting with Justice John Paul Stevens. Told of the proposal, Sen. Orrin Hatch said his initial reaction would be to oppose it. Concern over tie votes, he said, is overblown.
Should Retired Justices Be Called Back to Supreme Court?
The National Law Journal
June 17, 2010