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Jim Lane

(11,175 posts)
8. Exactly. It doesn't reach SCOTUS decisions based on (mis)interpreting the Constitution.
Fri Dec 7, 2018, 11:58 AM
Dec 2018

Another example would be the Lily Ledbetter Act. There was a gray area in the employment discrimination statute, the Court favored the interpretation that favored defendants, and Congress reacted by amending the statute to spell out the result more favorable to plaintiffs.

This would have nothing to do with, for example, Citizens United. Congress could re-enact the law that was struck down and the new law would again be struck down. The best Congress can do is to try to find a way to accomplish its objective within the limits set by the Court. Other than that, the only remedies are a change in the Court's membership (leading to an overruling of the earlier decision) or an amendment to the Constitution.

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