The chief justice's letter to Durbin is embarrassing, makes no sense, and underscores the need to subpoena justices who won't voluntarily appear. (via Deadline: Legal Blog)
“Meet the Press”). Durbin said that instead it would be better for Roberts to testify, which didn’t make sense as an explanation then, but now even Roberts has rejected Durbin’s half-measure.
Roberts noted that it’s “exceedingly rare” for chief justices to testify before the Senate Judiciary Committee, citing “separation of powers concerns and the importance of preserving judicial independence.” He said that there were only two prior instances of chief justices testifying to the committee, in 1921 and 1935, and that both instances involved “routine matters of judicial administration.
Roberts’ recitation of history is also misleading and not fully responsive to Durbin’s letter. Importantly, Durbin invited not only Roberts but, alternatively, another justice designated by Roberts. Roberts doesn’t address that in his letter or the history of other, non-chief justices testifying to the committee.
Amazingly, reporting from that 2011 hearing, where Associate Justices Stephen Breyer and Antonin Scalia appeared, reminds us that everything old is new again. I had to double-check the date on this 2011 New York Times report, whichThe ethical conduct of the Supreme Court has been under growing scrutiny.
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