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Congress has no problem doing this kind of "fixing" of the Court's decisions when it so suits them: see the passage of RFRA in the wake of Employment Division v
by zerocrates 6y ago
Congress has no problem doing this kind of "fixing" of the Court's decisions when it so suits them: see the passage of RFRA in the wake of Employment Division v. Smith.
There's probably no better time than right now to get the support needed to pass a law eliminating QI. While we're at it, we can pass a law to replace Bivens rather than have analogous civil rights cases involving federal agents subject to the courts' whims.
- PaulDavisThe1st 6y agoExcept that the Senate leader has declared any such effort "dead on arrival".
- setpatchaddress 6y agoThere's no chance to fix systemic issues of any sort unless the Dems take the Senate. It wouldn't hurt to persuade Biden to make it part of his first-100-days package.