Legal Question in Constitutional Law in Texas
Separation of powers and limitations of the Supreme Court
Is it possible for Congress to mandate the Supreme Court into overturning a decision without first presenting the case in lower courts?
Asked on 11/29/00, 9:53 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Separation of powers and limitations of the Supreme Court
No. It is not legally possible for the Congress to ever mandate a decision to the Supreme Court because of the doctrine of separation of powers.
It is possible for Congress to nulify a Supreme Court decision by passing legislation directed at the topic [to overturn Roe vs. Wade, for example, by passing legislation making abortion illegal], but otherwise the Supreme Court decision remains the law of the land unless Congress acts.
Answered on 12/04/00, 7:58 am
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