The Supreme Court Review Act: Fast-Tracking the Interbranch Dialogue

10 Pages Posted: 30 Sep 2022

Date Written: September 27, 2022

Abstract

This brief essay is an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases like the West Virginia v. EPA Clean Air Act decision or the Dobbs abortion ruling, the Act would make it easier for Congress to engage in the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation.

Keywords: congress, legislation, legislative process, court reform, supreme court, separation of powers

Suggested Citation

Bruhl, Aaron-Andrew P., The Supreme Court Review Act: Fast-Tracking the Interbranch Dialogue (September 27, 2022). Available at SSRN: https://ssrn.com/abstract=4227162. or http://dx.doi.org/10.2139/ssrn.4227162

Aaron-Andrew P. Bruhl (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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