60 Pages Posted: 20 Mar 2009
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
Suggested Citation: 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: https://ssrn.com/abstract=1366001