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Congress could fix it if they really wanted to. Make a law that essentially reverses the interpretation of Citizens United, and then take it out of the jurisdi
by rootusrootus 4y ago
Congress could fix it if they really wanted to. Make a law that essentially reverses the interpretation of Citizens United, and then take it out of the jurisdiction of the Supreme Court.
Not that this is in any way likely to happen, of course.
- jaredhallen 4y agoIf such a law were passed (and I agree, it's extremely unlikely), I expect that litigation would be filed as to it's constitutionality. Which would put the ball back in the Supreme Court's court, so to speak.
- rootusrootus 4y agoI'd like to see how that would work. In the past, SCOTUS has acknowledged that the Constitution indeed grants Congress the ability to remove legislation from the court's jurisdiction. Notably, the Constitution does not grant the court the power of judicial review. The court granted itself that right. So in a battle between precedent and the text of the Constitution, I hope the latter would win.