Stripped: Congress and Jurisdiction Stripping

Faulkner Law Review, Vol. 3, No. 1, Fall 2011

16 Pages Posted: 26 Jul 2010 Last revised: 24 Apr 2012

Nicole A. Heise

affiliation not provided to SSRN

Date Written: July 26, 2010

Abstract

Conventional wisdom suggests that jurisdiction stripping is positively correlated with the differences between judicial and congressional political preferences. An alternate school of thought suggests that administrative concerns are more directly related to jurisdiction stripping than ideological concerns. This study analyzes the accuracy of these competing explanations with the benefit of a database of all district court filings naming the United States as a defendant and all administrative appeals between the years 1943 and 2004. Analyses were performed to test for relations between jurisdiction stripping and case filings, political ideology, and economic strength. Findings from this study suggest that Congress’s decision to remove jurisdiction is related to administrative concerns, but not political ideology or economic power.

Keywords: Courts, Congress, Jurisdiction

Suggested Citation

Heise, Nicole A., Stripped: Congress and Jurisdiction Stripping (July 26, 2010). Faulkner Law Review, Vol. 3, No. 1, Fall 2011. Available at SSRN: https://ssrn.com/abstract=1648973 or http://dx.doi.org/10.2139/ssrn.1648973

Nicole A. Heise (Contact Author)

affiliation not provided to SSRN ( email )

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