Matthew492 Wrote:
May 25, 2013 10:19 PM
Congress can only overturn the Supreme Court with an amendment to the constitution, which would then need to be ratified by the states. However, Article III Section 2 ends with the following sentence: "In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." Under this provision, the congress actually has the authority to state that the supreme court (and lower federal courts) do not have the authority to hear particular kinds of cases. If the congress were to exercise their power under this clause, they could literally prevent SCOTUS from hearing abortion cases. However, this would be considered an extreme action and I doubt anybody in congress would do it. Furthermore, it is moot right now because the Senate and President would never pass it.