Topic: Court Reorganization
Senator: Brownback
Date: SEPTEMBER 14, 2005
Contents
BROWNBACK: I want to talk on a separate hat you would carry as chief justice of the United States, and that's as the head of the Judicial Conference of the United States. And this is about court reorganization.
There have been proposals put forward to split the Ninth Circuit Court of Appeals. Ninth Circuit, the far western circuit, a very large circuit. There's discussions in the Congress about splitting that circuit in two because of its size, its case load, a number of other reasons that have been proffered or put forward.
You would agree that under Article 1, Section 8, the Congress has the power to constitute tribunals inferior to the Supreme Court?
ROBERTS: Yes, Senator.
BROWNBACK: And that these inferior courts would include such things as the circuit court and the lower district courts, the federal government?
ROBERTS: Yes.
BROWNBACK: So that Congress would have the power, its power -- Congress has the power under the Constitution to split the Ninth Circuit Court of Appeals.
ROBERTS: I know that Congress did just that with respect to the old Fifth Circuit, which used to run from Florida out through Texas. And they split it into the new Fifth Circuit and the Eleventh Circuit. I don't think any questions have been raised about Congress's authority to do that.
BROWNBACK: And you don't raise those here as the head of the judicial conference to the United States?
ROBERTS: Well, I wouldn't want to assume that...
BROWNBACK: Or the potential head of the...
ROBERTS: ... role just yet.
But I'm not aware of any objections to Congress's authority. I don't think that's the issue.
I know that judges have various views on whether it's a good idea or not. And since it affects them, I know some of the judges have expressed those views.
But the question of congressional authority to do that is not something I've seen raised.
BROWNBACK: I thank you.
Judge Roberts, this will be my last chance to interact with you this way. I do commend you.
And I also just note, too, that a lot of hopes and prayers are riding on you from a lot of people across this country and around the world. It's just such an incredible, important time with so many big issues that I think I can speak for millions of people in saying that.
So Godspeed to you and your family.
ROBERTS: Thank you, Senator.
SPECTER: Thank you very much, Senator Brownback.
Judge Roberts, would you care to take a break at this time?
ROBERTS: No, I'm fine.
SPECTER: Really?
ROBERTS: Yes.
SPECTER: Sure?
LEAHY: (OFF-MIKE)
(LAUGHTER)
SPECTER: OK. Senator Leahy says you're the only one, but that's good.
(LAUGHTER)
Contents
Prev
Next
Last
