211
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 29 Jul 2023
211 points (100.0% liked)
Politics
10192 readers
55 users here now
In-depth political discussion from around the world; if it's a political happening, you can post it here.
Guidelines for submissions:
- Where possible, post the original source of information.
- If there is a paywall, you can use alternative sources or provide an archive.today, 12ft.io, etc. link in the body.
- Do not editorialize titles. Preserve the original title when possible; edits for clarity are fine.
- Do not post ragebait or shock stories. These will be removed.
- Do not post tabloid or blogspam stories. These will be removed.
- Social media should be a source of last resort.
These guidelines will be enforced on a know-it-when-I-see-it basis.
Subcommunities on Beehaw:
This community's icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.
founded 2 years ago
MODERATORS
https://en.m.wikipedia.org/wiki/Ex_parte_McCardle
That's not what's happening here at all, this is not a case of a law congress proscribed the supreme court from ruling on, that's a case of congress taking away appellate jurisdiction from the supreme court for a particular case, which it can do. You said congress can pass laws that the supreme court can't review and has done it before, do you have an example?
Using the same process, Congress could strip appellate jurisdiction from the SCOTUS in any case that involves a particular law. Which includes a law that they just passed.
The key is that when the SCOTUS reviews laws, it is nearly always exercising its power of appellate jurisdiction, not original jurisdiction. And the Constitution allows Congress to impose whatever regulations it wants over appellate jurisdiction. So if the SCOTUS isn't allowed to hear cases involving a law, then it can't strike down that law.
I seriously doubt that Congress can create a law that infringes on the First Amendment and simultaneously strip all federal courts of their jurisdiction to review that law.
If that were the case, then simple majorities in Congress and a Presidential signature would be enough to effectively override the Constitution. That’s far easier than an amendment.
First of all, nothing in the Constitution gives courts the power of judicial review. They sort of made up that power all by themselves.
Regardless, if Congress decided to regulate the SCOTUS then they would most likely strip jurisdiction only from the SCOTUS itself, not from all federal courts. This is also how it was done in the past. The SCOTUS basically conceded that as long as some judge still had the power of judicial review, then Congress could remove the SCOTUS itself from the process.
Which means that the DC Circuit Court would make a final, non-appealable decision on whether the Constitution allows their colleagues in the SCOTUS to be bound by ethics laws - just as they are.