Article III En Banc: The Judicial Conference as an Advisory Intercircuit Court of Appeals

Abstract

Many judges and commentators have advocated for an Intercircuit Court of Appeals to resolve circuit splits. In recent years, the Judicial Conference of the United States has publicly endorsed one circuit's interpretation of the law over another's, as an Intercircuit Court of Appeals might, but without binding effect. This Comment calls for a reevaluation of the Judicial Conference's role in the federal judicial system. It concludes that although Conference support of legislation codifying one circuit's view over another's may enhance the efficiency and consistency of the legal system, such activity is inconsistent with judicial precepts of independence, impartiality, and nonpartisanship, and should therefore be avoided.