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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