Political Quotes

“that amendment has no place on this bill. It obviously deals with a matter pertaining to the operation of courts. I do not know why it is even being brought here. But let me explain a little bit about the procedure which happens regarding the Federal Rules of Civil Procedure, which include rule 11. There has been controversy as to how courts ought to take care of its rulemaking authority, but the prevailing point of view is that the judiciary has the inherent power to determine its own rules. Congress felt it had a role, so it adopted the Rules Enabling Act by which the Rules of Procedure would be changed by first having a committee appointed by the Judicial Conference of the United States to study any proposed changes. After the committee made its report to the Judicial Conference, which is a body composed of judges from all levels of the judiciary, the Judicial Conference would study any proposals and then make recommendations to the Supreme Court of the United States. Then the Supreme Court of the United States would consider the issue and make recommendations to Congress. Under the Rules Enabling Act, Congress has 6 months to either adopt the recommendations, to modify them, or to delete them. This particular rule 11 that came up was submitted to the Congress and the 6-month time period expired prior to Congress' taking any action, and so all of the proposed Rules of Civil Procedure, including rule 11, went into effect on December 1.”