Could the Nine Become 10, 11 or More? Sen. Mulls Bill to Let Retired Justices Sit In After Recusals
Justice John Paul Stevens will be retiring soon, after an almost record-breaking stint on the U.S. Supreme Court bench.
But he could soon be back among the nine, on occasion, if a bill being mulled by Sen. Patrick Leahy (D-Vt.) becomes law. In potential legislation that would effect a major change in the court’s current practice if Leahy introduces it and it were to pass, former justices would be allowed to substitute in for current justices who recuse themselves from a case because of a conflict, the Blog of Legal Times reports.
Such a change would help prevent a tie vote if a recusal left only eight of the nine justices on the bench to decide a case. But it would also politicize the recusal process and lead to gamesmanship, observers predicted.
