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dajoki

(10,678 posts)
Fri Aug 27, 2021, 01:30 PM Aug 2021

A very good article about "court stripping"

Could the “Monarchs” on the Supreme Court Tank Democracy?
Get ready for the Supreme Court & a handful of GOPers to put Trump, DeSantis, Scott, Cotton or Hawley into the White House regardless of the 2024 election outcome - unless they are stopped now
https://hartmannreport.com/p/could-the-monarchs-on-the-supreme?utm_campaign=post&utm_medium=email&utm_source=copy

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"[T]he supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”


Exceptions? Regulations? Congress can do that? Can Congress tell the Supreme Court what it can and can’t rule on? Really?

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This process of writing “the Supreme Court may not rule on this law” into controversial legislation had been done many times in American history, but never in such a big way that it was tested by the Court itself. It’s called “court stripping” or “jurisdiction stripping.” And it has never been tested.

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A number of Senators and members of the Congressional Progressive Caucus have recently been discussing limiting the Court, while the Biden Administration has empaneled a group to examine specific “regulations” that could or should be imposed on it, ranging from changing its number of justices to require its members to abide by the federal code of judicial ethics (something from which the Court has exempted itself).

This Court has gone way over the line, from blowing up a Voting Rights Act that passed the Senate unanimously, to endorsing multiple Republican voter suppression efforts, to opening the floodgates for billionaire- and corporate-money to flood elections and end up in the personal pockets of politicians

And if any more justices join Thomas, Roberts and Alito in arguing that the Court can throw the 2024 election to whomever they please with a little help from Republican-controlled state legislatures the issue becomes even more urgent.

Now is, therefore, an essential time to add to that discussion the power of Congress to not only pass legislation that limits money in politics, Supreme Court interventions in state-based elections, racialized voter suppression and partisan gerrymandering, but also unambiguously prevents the Supreme Court from blowing up congressional and presidential efforts by ruling against them.

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