Monday, September 12, 2022

Hey How'd That Get In There

They can just do that.
Returning to the question of restraining the lawless Supreme Court, it turns out this is a classic wedge opportunity for Democrats. The Data for Progress poll finds 34 percent of Republicans support reining in the Court’s power, while just 13 percent of Democrats have the opposite view. And one doesn’t need to endorse adding more justices to the Court or ending judicial review to address this problem. The Constitution stipulates that the “Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make,” thus indicating that Congress can limit its jurisdiction. It has done so many times before—including, remarkably enough, in the Inflation Reduction Act, which says “There shall be no administrative or judicial review” of some of the drug price control measures included in the bill.