Congress can regulate the Supreme Court (lawyers wanted for discussion)

[Fantastic Anarchist]

Congress, other than by amendment, and other than confirmation, can provide an additional check on the Supreme Court via regulation.

“...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.”

I think most people have overlooked this. I know I have.

[elfin]

1. Forgot this - and it could become very relevant again

This could be very good or very bad.

I think FDR ran into this when he tried to pack the court in his favor. "A stitch in time saves nine" was the political quip of the time.

[FBaggins]

2. With some limitations, yes they can.

The Supreme Court's appellate jurisdiction can be restricted by Congress. However - they also have original jurisdiction in some matters that Congress can't touch (because it comes from the Constitution).

On edit - Note that this doesn't mean that bad laws are stripped of judicial review... since Congress can't so limit state courts.

[Fantastic Anarchist]

5. You make a good point about Appellate vs. Original jurisdiction.

[PoliticAverse]

3. Congress actually used that power to force completion of a border fence in San Diego

which had been held up by lawsuits.

The Real ID ACT of 2005:
https://www.uscis.gov/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0-30238.html

[Shrek]

4. There is precedent

https://www.oyez.org/cases/1850-1900/74us506

The Court, speaking through Chase, validated congressional withdrawal of the Court's jurisdiction. The basis for this repeal was the exceptions clause of Article III Section 2.