[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3871 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3871

 To amend chapter 13 of title 28, United States Code, to authorize the 
designation and assignment of retired justices of the Supreme Court to 
        particular cases in which an active justice is recused.


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                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

   Mr. Leahy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

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                                 A BILL


 
 To amend chapter 13 of title 28, United States Code, to authorize the 
designation and assignment of retired justices of the Supreme Court to 
        particular cases in which an active justice is recused.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION AND ASSIGNMENT OF RETIRED SUPREME COURT 
              JUSTICES.

    Section 294 of title 28, United States Code, is amended--
            (1) in subsection (a), by inserting ``(1)'' after ``(a)'';
            (2) by adding at the end the following:
    ``(2) Any retired Chief Justice of the United States or any retired 
Associate Justice of the Supreme Court may be designated and assigned 
to serve as a justice on the Supreme Court of the United States in a 
particular case if--
            ``(A) any active justice is recused from that case; and
            ``(B) a majority of active justices vote to designate and 
        assign that retired Chief Justice or Associate Justice.''; and
            (3) in subsection (d), by striking ``No such designation or 
        assignment shall be made to the Supreme Court.'' and inserting 
        ``Except as provided under subsection (a)(2), no designation or 
        assignment under this section shall be made to the Supreme 
        Court.''.
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