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0 pointsdctoedt5y ago0 comments

It's been suggested that Congress could protect any given enactment by expressly stripping the Supreme Court and lower courts of jurisdiction to review the enactment's constitutionality — which Congress seemingly has plenary power to do under Article III, section 2, clause 2. [1]

[1] https://newrepublic.com/article/158992/biden-trump-supreme-c...

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4 comments · 2 top-level

bobthepanda5y ago· 2 in thread

This sounds like a precedent that's bad to establish because it cuts both ways.

dctoedtOP5y ago

Precedent and norms have somewhat gone by the wayside in recent years, so that might not be a compelling reason not to act.

bobthepanda5y ago

Given that Republicans removing the filibuster for Supreme court nominations was preceded by Democrats removing the filibuster for lower court nominations and Cabinet appointees, we already have plenty of evidence of one side doing things for convenience that end up blowing up in their face later on.

The response to the slippery slope is not to keep on sliding.

damnyou5y ago

This is correct. Congress can severely curtail the power of the Supreme Court if it wishes.

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