The Supreme Court and the 117th Congress

11 California Law Review Online 406 (2020)

10 Pages Posted: 23 Sep 2020 Last revised: 6 Oct 2020

See all articles by Andrew Jennings

Andrew Jennings

Brooklyn Law School; Stanford Law School

Athul K. Acharya

BraunHagey and Borden LLP

Date Written: September 20, 2020

Abstract

If the late Justice Ruth Bader Ginsburg’s successor is confirmed before the 2020 presidential election or in the post-election lame-duck period, and if Democrats come to have unified control of government on January 20, 2021, how can they respond legislatively to the Court’s new 6-3 conservative ideological balance? This Essay frames a hypothetical 117th Congress’s options, discusses its four simplest legislative responses—expand the Court, limit its certiorari discretion, restrict its jurisdiction, or reroute its jurisdiction—and offers model statutory language for enacting those responses.

Suggested Citation

Jennings, Andrew and Acharya, Athul, The Supreme Court and the 117th Congress (September 20, 2020). 11 California Law Review Online 406 (2020), Available at SSRN: https://ssrn.com/abstract=3696834 or http://dx.doi.org/10.2139/ssrn.3696834

Andrew Jennings (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

HOME PAGE: http://andrewkjennings.com

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305

Athul Acharya

BraunHagey and Borden LLP ( email )

United States

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