Separation of powers? Congress does not have power to control the jurisdiction of the Supreme Court, more so in cases of original jurisdiction. To attempt to do so is to attempt to limit explicit authority granted to SCOTUS in section 2 of Art. III by way of a statute.
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That’s just...implausible to be kind. The Supreme Court would determine that level of oversight to be unconstitutional by a ruling of 9-0. No branch of the government would allow itself to be confined in such a way.
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Unconstitutional based on what article or amendment of our Constitution? Concurrence of four justices to grant cert isn’t written anywhere.
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Imagine that power given to those you oppose. Then ponder if it's still a good idea.
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Let’s get away from the heavily freighted term “packing.” Use “expanding.” It’s more accurate and does not contain the negative historical connotations of FDR’a failed move.
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The result will be different rulings applying to different parts of the country as circuit and appellates rule differently (as happens often) and SCOTUS being forbidden to adjudicate.
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Not necessarily. Circuit court conflicts can be granted cert pro forma. Any rule can be legislated.
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This is incredibly stupid. And you know, Elana Kagan may be a liberal, but she's smart, has respect for the Court & worked her whole life to join the bench. She's not going to be content just blocking the SC from resolving the important, contentious cases it was designed to.
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That would be subject to judicial review by guess who? 9-0 against. Even the most liberal judges will see the degradation of the separation of powers would be harmful to the court.
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