Hunter v. United States · ¶128

By effectively legislating a new rule in this area, the Court intrudes on the calibrated policymaking process established by the Rules Enabling Act. The Rules Committee stands equipped to weigh policy tradeoffs, collect data, engage in a “thorough and exhaustive review” of the issue, and craft a rule that achieves fairness for all parties. Shannon, 512 U. S., at 587. Therefore, this Court should have “hestitat[ed]” before creating a new rule that the Rules Committee “could have included” in its deliberations on appeal waivers, but ultimately “chose not to.” Ibid.

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