Bench Memos

Breyer and Scalia to Testify on “Role of Judges” at Senate Hearing

The Senate Judiciary Committee will hold a hearing next Wednesday, October 5, entitled “Considering the Role of Judges Under the Constitution of the United States.” The two witnesses who will testify at the hearing are Justices Breyer and Scalia.

My initial reaction is to wonder why either Breyer or Scalia would agree to testify. The two of them have engaged in debates over the years, and I can understand why they’d be happy to debate each other again, but I don’t see why they would want to have their debate disrupted (or, if you prefer, guided) by senators’ speeches. Perhaps there are special ground rules for the hearing that would help solve the puzzle.