Tuesday, November 24, 2020
How to Counteract the Court: Congress has the power to override Supreme Court rulings based on statutory interpretations
In "How to Counteract the Court: Congress has the power to override Supreme Court rulings based on statutory interpretations" by Rachel M. Cohen and Marcia Brown in the American Prospect and The Intercept identify Supreme Court decisions that Congress could override.
"[A] joint review by The Intercept and The American Prospect of dozens of Court cases finds dozens of statutory rulings . . . that Congress could overturn simply by tweaking the statute to remove whatever ambiguity the Court claimed to find in its text. Even where the Court has ruled on constitutional grounds, there is often much room left to legislate the boundaries, just as conservatives have done in relation to Roe v. Wade (1973) and abortion restrictions. From salvaging the Voting Rights Act gutted by Shelby County v. Holder (2013) to protecting workers’ free-speech rights on the job to safeguarding reproductive rights, the list of cases awaiting a creative Congress runs long."
The authors go on to identify decisions in a number of substantive areas, including immigration law, that Congress could overrule.