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Unbelievable Decision from SCOTUS


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Guest slothful1

The branches of government are supposed to have checks and balances. The Supreme Court is not some kind of super-branch, and the Constitution never grants it absolute god-like power. Article III states in part, "... 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."

Congress is explicitly empowered to regulate the scope of judicial authority. So yes, the judiciary can defy that.

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The branches of government are supposed to have checks and balances. The Supreme Court is not some kind of super-branch, and the Constitution never grants it absolute god-like power. Article III states in part, "... 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."

Congress is explicitly empowered to regulate the scope of judicial authority. So yes, the judiciary can defy that.

And the checks are that the justices are nominated by the president and confirmed by the senate. Also that a case must be brought.

You will never find a case where the Congress simply ignored what the SC said. Typically they go back and recraft the legislation in light of court rulings, which usually spell out what the objectionable part is. That has been the case with abortion and affirmative action.

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