On the recordDecember 5, 2013
So prior to 1934, there was something called the ``conformity principle,'' which held that Federal Court procedures should be in accordance with the States wherein those Federal Courts sat; but that proved to be unworkable, so the rules enabling clause went into effect. Since then, we have left it to the Federal judiciary, through the Judicial Conference, to promulgate rules of procedure in both civil and criminal cases, and it has worked well. Now we have section 6 of this ``patent troll act'' that imposes upon our judicial rules of procedure. These rules have not been recommended by the Judicial Conference. In fact, the Judicial Conference, led by Chief Justice Roberts, is opposed to this change. Therefore, I think on constitutional grounds this should be defeated.
