Skill and Chance
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Posts: 12,649
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« Reply #1 on: April 09, 2021, 02:17:20 PM » |
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Congress was able to absolutely shut down appeals this way in the late 19th century (ex parte McCardle, a criminal case no less), but the role of the court in society has changed so much since then. I can't see a SCOTUS majority going along with absolute jurisdiction stripping in the modern day.
A ruling on this could be an interesting split, where the judicial minimalist block (definitely Roberts and Kavanaugh, maybe Barrett and Kagan) would be the most likely to rule in favor of absolute jurisdiction stripping, while both the Sotomayor/Breyer left and the Thomas/Gorsuch right would be likely to oppose it. Alito, Barrett and Kagan would be the swing votes if it's close. 8/1 against it with Roberts dissenting is also plausible.
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