Previously on the list...
"Congress played no role in "adopting" the rules. The rules are a
product an responsibility of the U.S. Federal judiciary....."
Not to be picayune, but Congress does play a role:
In this case, it is their inaction that affirms the action:
http://www.uscourts.gov/rules/index.html#congressional12-1-06
Congress authorized federal judiciary to make rules of practice,
procedure, and evidence (28 U.S.C. 8 8 2071-2077)
Judiciary set up the Judicial Conference to promote simplicity,
fairness, and elimination of unjustifiable expense and delay
Advisory Committees advise the Standing Committee to draft and amend
rules
At least seven stages of comment required to amend a rule, usually
taking several years.
- Chuck
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