Hunter v. United States · ¶118

History does not suggest that the Supreme Court has inherent authority to create new procedural rules for lower federal courts, either. At the founding, consistent practice revealed “that the framers viewed the establishment of rules of procedure as a legislative function” that was sometimes explicitly “delegated by Congress to the courts.” S. Beale, Reconsidering Supervisory Power in Criminal Cases: Constitutional and Statutory Limits on the Authority of the Federal Courts, 84 Colum. L. Rev. 1433, 1467 (1984); cf. 3 J. Story, Commentaries on the Constitution of the United States §§ 1752, 1768 (1833) (explaining that “it is for congress alone to furnish the rules of proceeding, to direct the process, to declare the nature and effect of the process,” while courts have “incidental powers” to regulate only internal matters, such as their “own officers” and disruptions to the judicial…

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