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Archive of entries posted on December 2011

Using Inherent Contempt Against Federal Judges

In my prior post on former Speaker Gingrich’s plan to subpoena federal judges to testify before Congress, I assumed that any enforcement of such subpoenas would follow the statutory contempt process set forth in 2 U.S.C. § 194. It crossed my mind to mention an alternative mechanism, but the idea seemed so unlikely (zany, one [...]

Billy Martin’s Contract Extended

According to the Hill: “Martin was hired in July. 

Since then he has ‘interviewed numerous witnesses, and conducted extensive legal research regarding the nature of due process rights which attach to Members of Congress appearing before this committee,’ according to the committee.” But not read Point of Order, apparently. Sigh. Tweet

Virginia Court Declines to Hear Challenge to Lieutenant Governor’s Right to Vote in Senate

On ripeness and separation-of-powers grounds. Decision can be found here. No cite to Point of Order. Sigh. Tweet

Judicial Accountability Hearings?

A few weeks ago former Speaker and current presidential candidate Newt Gingrich created a minor stir when he suggested that Congress should subpoena federal judges to question them about erroneous decisions.  Gingrich told the Value Voters Summit: “[if] judges . . . knew that when they were radically wrong they’d be hauled in front of [...]

Situation Comity

In her testimony before the Senate Judiciary Subcommittee on Administrative Oversight and the Courts last week, noted Supreme Court advocate Maureen Mahoney urged the panel not to advance pending legislation requiring that Supreme Court proceedings be televised. Among other things, she contended that such legislation would raise “serious constitutional questions” on separation of powers grounds. [...]