Politically Motivated Limitations on Trial Court Jurisdiction

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Republicans are trying to make an end run around amending the constitution by simply banning all courts, including the U.S. Supreme Court, from taking on a particular kind of case (e.g. gay marriage and pledge of allegiance cases). See, for example, the Constitution Restoration Act of 2004.

A recent Republican justification basically argues that because lots of people disagree with a judge's ruling that it is O.K. to circumvent the judicial process to prevent judges from making such a ruling. (See also the argument disgraced former Republican Speaker of the House Newt Gingrich makes for the ability of other branches to make end runs around the courts on constitutional issues. The Republican controlled House of Representatives has voted to take just such action, which in full text is shown here. Commentators such as the Washington Post editorial board rightly condemn the effort. See alsoFindlaw Critics.

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