• DirkMcCallahan@lemmy.world
    link
    fedilink
    arrow-up
    13
    arrow-down
    1
    ·
    3 months ago

    Couldn’t Congress also pass a law restricting the scope of SCOTUS’s authority? Seems like that might be the easiest path forward.

    • clutchtwopointzero@lemmy.world
      link
      fedilink
      arrow-up
      18
      ·
      3 months ago

      SCOTUS themselves might declare new laws or even new constitutional amendments invalid because “that was not envisioned by the founding fathers” or some bull like that

      • Elbow@lemmy.zip
        link
        fedilink
        English
        arrow-up
        10
        ·
        3 months ago

        SCOTUS doesn’t have a mechanism to enforce their decisions. They rely on everyone else accepting their authority and going along with it.

        The constitution does give Congress the authority to set the jurisdiction of the courts. They could say that another court like the DC Circuit Court of Appeals would be the court of final appeal for any laws involving SCOTUS.

      • Revan343@lemmy.ca
        link
        fedilink
        arrow-up
        6
        ·
        3 months ago

        They don’t have the authority to rule on the validity of a constitutional amendment, though that’s moot because they do have the authority to rule on the interpretation of it