National Affairs: JURY TRIALS & CONTEMPT

The Senate Is Off on a Radical Tack

If it has ever been understood that proceedings . . . for contempt of court have been subject to the right of trial by jury, we have been unable to find any instance of it.

SO declared the U.S. Supreme Court in 1890, and at least a dozen other Supreme Court opinions over the years have made the point unmistakably clear: the power of a court to enforce its judgments and orders with contempt penalties is not limited by any right to trial by jury. Underlying this oft-restated principle is the Supreme Court's recognition...

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