Comments on: Roberts: a judge on two courts http://www.scotusblog.com/wp/roberts-a-judge-on-two-courts/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Ira Brad Matetsky http://www.scotusblog.com/wp/roberts-a-judge-on-two-courts/comment-page-1/#comment-8257 Ira Brad Matetsky Mon, 07 Nov 2005 11:39:51 +0000 http://www.scotusblog.com/wp/uncategorized/roberts-a-judge-on-two-courts/#comment-8257 Joe, I believe that then-Associate Justice Rehnquist presided over a jury trial in the Eastern District of Virginia in 1984. I don't believe he wrote any opinions in the case. Joe, I believe that then-Associate Justice Rehnquist presided over a jury trial in the Eastern District of Virginia in 1984. I don’t believe he wrote any opinions in the case.

]]> By: Joe http://www.scotusblog.com/wp/roberts-a-judge-on-two-courts/comment-page-1/#comment-8256 Joe Sun, 06 Nov 2005 20:19:54 +0000 http://www.scotusblog.com/wp/uncategorized/roberts-a-judge-on-two-courts/#comment-8256 "did serve at least once as a trial judge in a U.S. District Court" Rehnquist, that is. Interesting footnote. Got the case? “did serve at least once as a trial judge in a U.S. District Court”

Rehnquist, that is. Interesting footnote. Got the case?

]]> By: Ira Brad Matetsky http://www.scotusblog.com/wp/roberts-a-judge-on-two-courts/comment-page-1/#comment-8255 Ira Brad Matetsky Sat, 05 Nov 2005 00:52:27 +0000 http://www.scotusblog.com/wp/uncategorized/roberts-a-judge-on-two-courts/#comment-8255 In addition to Justice Scalia and Justice Thomas, Justice Stevens also continued to sit on at least one Court of Appeals panel upon being elevated. Other Justices who sat with the Court of Appeals for their assigned circuits have included Justice Holmes, Chief Justice Taft, and Justice Frankfurter, among others. I don't think it's ever been a controversial practice and there are good arguments that it should happen more often --Judge Posner's book on Federal Courts argues that the Justices should regularly sit with lower courts during the Supreme Court's summer recess. The principal counter-argument is recusal problems created if the case later comes before the Supreme Court, but that is certainly not an issue in this case in which Chief Justice Roberts, having served on the panel below, would recuse anyway. In addition to Justice Scalia and Justice Thomas, Justice Stevens also continued to sit on at least one Court of Appeals panel upon being elevated. Other Justices who sat with the Court of Appeals for their assigned circuits have included Justice Holmes, Chief Justice Taft, and Justice Frankfurter, among others. I don’t think it’s ever been a controversial practice and there are good arguments that it should happen more often –Judge Posner’s book on Federal Courts argues that the Justices should regularly sit with lower courts during the Supreme Court’s summer recess. The principal counter-argument is recusal problems created if the case later comes before the Supreme Court, but that is certainly not an issue in this case in which Chief Justice Roberts, having served on the panel below, would recuse anyway.

]]> By: unconfirmable http://www.scotusblog.com/wp/roberts-a-judge-on-two-courts/comment-page-1/#comment-8254 unconfirmable Fri, 04 Nov 2005 20:17:50 +0000 http://www.scotusblog.com/wp/uncategorized/roberts-a-judge-on-two-courts/#comment-8254 After being nominated to SCOTUS, Roberts recused himself from the DC Cir appeal in ABA v. FTC (lawyers & Gramm Leach Bliley), for which he had been part of the panel that had heard OA. It is widely accepted that this was because the ABA was evaluating him. Now that Roberts has indicated he will participate in cases in which he had heard argument AND the reason for his recusal has arguably been mooted, is there any reason to believe he can un-recuse himself and participate in deciding ABA v. FTC? After being nominated to SCOTUS, Roberts recused himself from the DC Cir appeal in ABA v. FTC (lawyers & Gramm Leach Bliley), for which he had been part of the panel that had heard OA. It is widely accepted that this was because the ABA was evaluating him. Now that Roberts has indicated he will participate in cases in which he had heard argument AND the reason for his recusal has arguably been mooted, is there any reason to believe he can un-recuse himself and participate in deciding ABA v. FTC?

]]> By: r.friedman http://www.scotusblog.com/wp/roberts-a-judge-on-two-courts/comment-page-1/#comment-8253 r.friedman Fri, 04 Nov 2005 19:11:06 +0000 http://www.scotusblog.com/wp/uncategorized/roberts-a-judge-on-two-courts/#comment-8253 The per curiam is consistent with Roberts having written or at least drafted the opinion, as previously discussed here in relation to Justice Fortas. The per curiam is consistent with Roberts having written or at least drafted the opinion, as previously discussed here in relation to Justice Fortas.

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