II 111th CONGRESS 2d Session S. 3871 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 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.

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..