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My Brethren's (Gate) Keeper? Testimony by U.S. Judges at Others' Supreme Court Confirmation Hearings: Its Implications for Judicial Independence and Judicial Ethics

Mary L. Clark
American University - Washington College of Law

Arizona State Law Journal, Vol. 40, p. 1181, 2008
American University, WCL Research Paper No. 09-10

Abstract:
This article examines the merits of federal judges testifying at others' Supreme Court confirmation hearings. Interest in this project was prompted by the testimony of seven of Samuel Alito's then-current and former Third Circuit colleagues at his hearing to be Associate Justice.

The judges' testimony at Justice Alito's hearing was unprecedented in degree and kind. Because the Alito hearing testimony involved a significant expansion in number and status of judges testifying at another's judicial confirmation hearing, this practice should be examined now before it can be repeated.

Keywords: Supreme Court Confirmation Hearings, Judicial Independence, Judicial Ethics

Accepted Paper Series

Date posted: March 20, 2009 ; Last revised: March 20, 2009

Suggested Citation

Clark, Mary L., My Brethren's (Gate) Keeper? Testimony by U.S. Judges at Others' Supreme Court Confirmation Hearings: Its Implications for Judicial Independence and Judicial Ethics. Arizona State Law Journal, Vol. 40, p. 1181, 2008 ; American University, WCL Research Paper No. 09-10. Available at SSRN: http://ssrn.com/abstract=1366001

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Contact Information

Mary L. Clark (Contact Author)

American University - Washington College of Law ( email )

4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
2022744367 (Phone)