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Appearances by Sitting U.S. Supreme Court Justices at Congressional Committee and Subcommittee Hearings (1960-2022)

CRS – Appearances by Sitting U.S. Supreme Court Justices at Congressional Committee and Subcommittee Hearings (1960-2022): “This Insight provides historical information and analysis related to appearances by sitting U.S. Supreme Court Justices at congressional committee and subcommittee hearings during the period 1960 through 2022 (confirmation hearings are excluded from the analysis). Congressional hearings are used, generally, by committees and subcommittees “to obtain information and opinions on proposed legislation, conduct an investigation, or evaluate/oversee the activities of a government department.” Hearings “may also be purely exploratory in nature, providing testimony and data about topics of current interest.” It has not been uncommon, at least since 1960, for sitting Supreme Court Justices to appear at congressional committee and subcommittee hearings. Justices made such appearances at least once every year from 1960 through 2011. Supreme Court Justices last appeared at a subcommittee hearing in the House in 2019, when Justices Samuel Alito and Elena Kagan testified about the Supreme Court’s budget request for FY2020. Sitting Justices last appeared at a Senate hearing in 2011, when Justices Stephen Breyer and Antonin Scalia testified before the Senate Judiciary Committee regarding their views about the constitutional role of federal judges…

CRS identified 93 committee or subcommittee hearings held from 1960 through 2022 that included an appearance by at least one sitting Supreme Court Justice. Of the 93 hearings, 64 (69%) were held by a House committee or subcommittee and 29 (31%) were held by a Senate committee or subcommittee. CRS identified no instance of a sitting Justice appearing before a joint committee…”

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