Today, I am introducing legislation to ensure that the Nation's highest court can serve its function as the court of last resort in our judicial system. The Supreme Court's effectiveness is compromised when it does not have a full slate of nine justices sitting in a given case. When a Justice needs to recuse from a matter under the rules that govern judicial conflicts of interest, the Supreme Court may be rendered ineffective, because there are no provisions in place to allow another to be designated to sit in his or her place. Given the Court's recent rash of 5:4 rulings, the absence of one Justice could result in a 4:4 decision. In that scenario, the Supreme Court cannot serve its function and the lower court decision stands. This was a very real concern for Chief Justice William Rehnquist. He explained that such a stalemate on the Court where there were conflicting rulings in the lower courts, 'would lay down 'one rule in Athens, and another rule in Rome' with a vengeance.' The bill I am introducing today will ensure that the Supreme Court can continue to serve its essential function.
Editor's note · Context
Leahy is introducing legislation to address the Supreme Court's effectiveness when justices recuse themselves.
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