Author ORCID Identifier

Andrew Jennings 0009-0003-8399-0096

Document Type

Article

Publication Date

2020

Keywords

117th Congress, Supreme Court, Ideology, Majority, Rule of Four, Appellate jurisdiction

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.

First Page

407

Publication Title

California Law Review Online

Comments

Copyright © 2020 Andrew K. Jennings & Athul K. Acharya

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