Professor Minor Myers’ article, “The Judicial Service of Retired U.S. Supreme Court Justices,” 32 Journal of Supreme Court History 46 (2007), was prominently cited in a recent Washington Post article.
The Washington Post piece, “Retired Supreme Court justices still judge — and get judged” focuses on situations where retired Justices take on senior status and continue to serve on lower federal courts.
The topic is timely, as next week, the Supreme Court will hear Arizona v. The Inter Tribal Council of Arizona, Inc., an Arizona voter registration case on appeal from the Ninth Circuit Court of Appeals. Retired Justice Sandra Day O’Connor was a participant on a three-judge panel that heard the original case in the lower courts, Gonzalez v. Arizona. O’Connor was in the panel majority that said Arizona’s requirement of proof of citizenship when registering to vote in federal elections conflicted with federal law. An en banc decision of the U.S. Court of Appeals for the Ninth Circuit affirmed the panel’s ruling.
Justice O’Connor, though officially retired, may sit by designation on cases in the federal appellate and district courts. The Supreme Court’s hearing of this case raises the interesting question of how O’Connor’s body of work on the Supreme Court on the voter registration issue may affect the outcome of the case.
In his article, Professor Myers details the history of the retired Supreme Court justices who have sat on the lower federal courts, noting that such service while generally overlooked has in many instances been considerable.
Professor Myers teaches courses on corporate law, corporate finance, and property. His scholarship focuses on corporate governance, shareholder litigation, executive compensation, and corporate director behavior.
Read the full article in the Washington Post.
Read “The Judicial Service of Retired U.S. Supreme Court Justices” by Professor Myers.