Curmudgeonly & Skeptical: Poop

May 25, 2004

Poop

Six U.S. Supreme Court justices have said the court will likely rely on international courts to arrive at future decisions.

"The House Judiciary Committee and the House Rules Committee are considering legislation that would allow Congress, by a two-thirds vote in both the House and Senate, to override individual decisions of the U.S. Supreme Court," reports NewsMax.

Fat chance. Anyway, in my humble opinion courts should never be allowed to override legislation. Good people that we are, repugnant legislation by immoral legislators would be handled at the polls. If we become bad people, then so too will judges. Anyway, I just sidetracked ...

"Arnold Beichman, a Hoover Institution research fellow, says Congress already has that power.

"By a simple majority vote in both Houses," he writes, "Congress under Article 111, Section 2 can curtail the Supreme Court’s appellate jurisdiction. In other words, Congress could by a majority vote tell the court it may not rule, say, on abortion [or same-sex marriage]."

There you go.

Rodger Schultz May 25, 2004 07:14 AM |

Comments: Poop

"When it comes to the fence; sitting, straddling, leaning... those terms were all interchangeable"

Posted by MoFiZiX Gr4FiX at May 25, 2004 07:35 AM

The Judiciary Committee is smoking something we can't get out here. Do they really think this Congress could muster a 2/3 majority on anything controversial?

Article 111, Section 2:
In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.

The second option seems more possible, requiring only a simple majority. But there sure would be a lot of fingers in the air testing the wind.

And Justice Marshall is spinning in his grave.

Posted by dick at May 25, 2004 10:49 AM

No, Thomas Jefferson and James Madison are spinning in their graves.

Posted by Brother Sean at May 25, 2004 11:13 AM

Right you are Sean, them too.

Posted by dick at May 25, 2004 03:36 PM

BTW, Justice John Marshall, not Thurgood.

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