President Donald Trump and Republicans in the U.S. Senate are barreling forward with plans to lock down conservative control of the U.S. Supreme Court for decades to come. The president has said he will announce his nominee on Saturday to fill the seat of Justice Ruth Bader...
NEW YORK - President Donald Trump and Republicans in the U.S. Senate are barreling forward with plans to lock down conservative control of the U.S. Supreme Court for decades to come. The president has said he will announce his nominee on Saturday to fill the seat of Justice Ruth Bader Ginsburg. Republicans have sketched out plans to vote on the president’s nominee before the Nov. 3 election.
According to an upcoming California Law Review article, The Supreme Court and the 117th Congress, Congress can home in on how the Supreme Court decides which cases to hear.
But the rule of four, as Jennings and Acharya explain in their paper, is not even a formal procedure, much less an actual law. “The ‘rule of four’ is not a command of Congress,” wrote Justice Felix Frankfurter in a 1957 dissenting opinion. “It is a working rule devised by the court as a practical mode of determining that a case is deserving of review.”
If a Democratic Congress were to decide to add justices to restore the court’s ideological balance, it would just have to change one word in the operative 1866 law specifying the size of the court.Alternatively, wrote Jennings and Acharya, Congress could attempt to restrict the kinds of cases that the Supreme Court is entitled to hear. The Constitution, they explained, says only that the Supreme Court must hear cases of “original jurisdiction,” such as disputes between states.
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