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mahatmakanejeeves

(60,922 posts)
Tue Dec 20, 2022, 12:56 PM Dec 2022

"...Propose a federal law that would fill in the gaps if SCOTUS overturns NYT v. Sullivan ..."

The First Amendment boosted

Just spoke to the NY State Bar Association media section with @MatthewSchafer about our new article, in which we propose a federal law that would fill in the gaps if SCOTUS overturns NYT v. Sullivan or other vital protections in defamation litigation. http://www.fclj.org/wp-content/uploads/20
https://mastodon.lol/@jkosseff@mastodon.social/109519123408854393

jkosseff.mastodon.social/109519123408854393
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"...Propose a federal law that would fill in the gaps if SCOTUS overturns NYT v. Sullivan ..." (Original Post) mahatmakanejeeves Dec 2022 OP
Just start writing into the laws what scotus has right to review and what they do not. bullimiami Dec 2022 #1
Yes and no FBaggins Dec 2022 #2
Uh no qazplm135 Dec 2022 #3
That's called a constitutional convention. discntnt_irny_srcsm Dec 2022 #4

bullimiami

(13,989 posts)
1. Just start writing into the laws what scotus has right to review and what they do not.
Tue Dec 20, 2022, 01:25 PM
Dec 2022

It’s congressional prerogative where to set the courts limits.

FBaggins

(27,698 posts)
2. Yes and no
Tue Dec 20, 2022, 01:54 PM
Dec 2022

The courts would be able to weigh in on whether that jurisdiction striping was itself allowable.

And, of course, we would have to win the House back and hold the Senate/White House in able to get anywhere (and overcome a filibuster).

In short - an exercise in wishful thinking in the near term

qazplm135

(7,493 posts)
3. Uh no
Tue Dec 20, 2022, 02:44 PM
Dec 2022

Congress can completely get rid of all circuit courts and only leave the Supreme Court with the jurisdiction expressly written into the Constitution if they so chose.

That would require 67 Senate votes so that part isn't ever happening but otherwise there's no jurisdiction to be weighed by the Court. It's explicitly the power of Congress up to the limits of what is given to the Supreme Court by the Constitution.

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