Supreme Court Justice Testimony on Capitol Hill

A few years ago, I wrote a short essay arguing that the Chief Justice should volunteer to testify before Congress on an annual basis about issues of concern to the federal judiciary.  While that may be an unpleasant task that he does not want, perhaps the appearance of Justice Scalia and Justice Breyer this week before the Senate Judiciary Committee will lead to a more healthy public dialogue between Article I and Article III.

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4 Responses

  1. Joe says:

    Two justices do annually testify before Congress, so I’m not sure if the CJ going there would be necessary. And, underlinings tend to be sent to do that job anyhow.

  2. Joe says:

    If not annually, it is periodically, to address funding issues, with other matters always being addressed.

    Anyway, perhaps a link to the essay, if it’s available, would be helpful.

  3. Gerard Magliocca says:

    True, but they usually just testify about the Court’s budget request or about Court issues. My idea was geared more towards testimony about the broader judicial system, though you could just expand the scope of the budget hearing.

    I’m not sure that I can easily link to that paper — it’s not on SSRN.

  4. Joe says:

    Your idea is referenced:

    I see the idea is discussed in “The Chief Justice on Capitol Hill: Extending the Humphrey-Hawkins Model, 41 Ind. L. Rev. 299 (2008)” and a quick search does not provide a free link.

    Thanks and your idea is interesting.