New from me at The Evening Constitutional! Yesterday Ron Wyden released a big ol' court reform plan, including a provision that would require a supermajority of the Supreme Court to strike down federal laws This is both unconstitutional and a terrible idea eveningconstitutional.net/how-not-to-r...
My How (Not) To Reform the Supreme Court series got slightly interrupted by my month off from writing here. But yesterday Sen. Ron Wyden (D-OR), one of the good ones, introduced a court reform proposa...
It's unconstitutional because, basically, the Court gets its power of judicial review from the Constitution, not from Congress. (More on this soon!) I also discuss at some length the desire to frame this kind of legislation as restricting the Court's jurisdiction; I don't think that works either.
I think for facial challenges it's possible ok for applied challenges no
Court procedures and the courts themselves are governed by statutory law, so Congress already governs the courts. How is Wyden's plan so very different? law.duke.edu/lib/research...
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