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, conductan investigation, or evaluate/oversee the activities of a government department.” Hearings “may also bepurely 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 StephenBreyer and Antonin Scalia testified before the Senate Judiciary Committee regarding their views about the constitutional role of federal judges.

The data presented below were compiled from information collected by CRS using ProQuestCongressional.

How many appearances did Supreme Court Justices make at committee or subcommittee hearings from 1960 through 2022?

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.

Collectively, the 93 committee and subcommittee hearings during this period featured a total of 175 appearances by sitting Supreme Court Justices (most hearings included appearances by at least two Justices). By chamber, this included 120 appearances in the House and 55 appearances in the Senate.

Of the 24 Justices who have served on the Court since 1960, excluding those currently serving, 15 (63%) appeared at a congressional committee or subcommittee hearing on at least one occasion.

Of the nine current Justices, three (33%) have appeared at a committee or subcommittee hearing on at least one occasion. Justice Clarence Thomas has appeared 10 times, last appearing in 2010. Justice Alito has appeared twice, last appearing in 2019 with Justice Kagan (who has appeared once)..."
Supreme Court Justices and Congressional Committees