Sen. Patrick Leahy, D-Vt., has put into writing a proposal he first discussed publicly in June: allowing a retired U.S. Supreme Court justice to hear a case when a sitting justice has recused. A big question has been how to decide which retired justice would serve during times when there is more than one retiree who is willing to serve. Skeptics have wondered whether litigants might be able to game any substitution. Leahy's bill would answer the question by handing the decision to the Court itself.
September 30, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Sen. Patrick Leahy, D-Vt., has put into writing a proposal he first discussed publicly in June: allowing a retired U.S. Supreme Court justice to hear a case when a sitting justice has recused.
Leahy, the chairman of the Senate Judiciary Committee, filed the two-page legislation Wednesday, his office said. As Leahy told The National Law Journal in an interview in June, the proposal would allow the Court to avoid the possibility of a 4-4 tie when a justice has recused.
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