Legal Times: Should Retired Justices Be Called Back to Supreme Court?

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http://legaltimes.typepad.com/blt/2010/06/should-retired-justices-be-called-back-to-supreme-court.html

JUNE 16, 2010
Should Retired Justices Be Called Back to Supreme Court?

Sen. Patrick Leahy (D-Vt.) 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.

The idea comes up as Justice John Paul Stevens prepares to join the ranks of retired justices. Leahy, who chairs the Senate Judiciary Committee, said he decided to draft a bill after a recent meeting with Stevens.

“I talked with Justice Stevens, and he raised the question, ‘Could we not have a provision in the law for some mechanism that retired Supreme Court justices could be asked to sit on the Court when there is a recusal?’ ” Leahy said in an interview with The National Law Journal.

“That would make a lot of sense,” he added, “because if you’ve got an eight-member Court, you could easily have 4-to-4 decisions.” In such cases, the lower court’s ruling stands. Leahy said he has prepared a draft of a bill and probably will introduce it eventually. His office later declined to describe its contents or provide a copy.

The threat of a deadlock has loomed over the justices for years whenever one of them considers stepping away from a case. In 2000, Chief Justice William Rehnquist decided to hear an antitrust case involving Microsoft Corp., despite his son’s work for the company in a separate case. In explaining his decision not to recuse, Rehnquist noted “the negative impact that the unnecessary disqualification of even one Justice” might have.

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1. The Feds do it

for the District Courts and the Circuit Courts of Appeals. Most states do it for their courts.

[TexasObserver]

2. No. It's a terrible practice. Retire, and get out.

We need most federal judges to get out sooner. And once out, they need to stay off the bench.

Society benefits from new blood. There's no one in the USA quite as accustomed to having his own way as a federal judge. It's a job where people kiss the judge's ass, nonstop, everywhere. That's a recipe for egocentric behaviors, which typify long term federal judges.

They're appointed for life. If they retire, I think they should stay out of judging. They can make a mint arbitrating cases privately, and that takes some of the load off the courthouse staffs.

I do not want retired SC judges working a bench again.