As Qualified Immunity Takes Center Stage, More Delay from SCOTUS

Re:As Qualified Immunity Takes Center Stage, More Delay from... by KarlKemp on Monday June 01, 2020 @05:09PM (#23383841)

> A law that Congress passes overrules any and all SCOTUS precedent on the issue

Wow, that's wrong...

Take Loving v Virginia: there, the court ruled that interracial marriages must be governed by the same rules as all other marriage.

No law of Congress can overturn that ruling. Only amending the constitution or the court itself have that (theoretical) power.

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Re:As Qualified Immunity Takes Center Stage, More Delay from... by Discombulator on Monday June 01, 2020 @05:40PM (#23384263)

IANAL, but the difference is that in this case, QI came into being as a (very narrow) reading of federal law (§1983), which congress can amend easily. The Loving case was decided on an interpretation of the constitution, which as you say, is much harder to amend.

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Re:As Qualified Immunity Takes Center Stage, More Delay from... by abduhl on Monday June 01, 2020 @05:29PM (#23384115)

This is nitpicking by you, in my opinion. There are of course levels of authority between the judiciary and the legislature. Nevertheless, Congress can always overrule SCOTUS, it just depends what level of law they need to pass. A constitutional amendment is lawmaking.

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Re:As Qualified Immunity Takes Center Stage, More Delay from... by bobbydroptables on Monday June 01, 2020 @07:00PM (#23385083)

It's not nitpicking to say that the court can invalidate legislation. It's one of the most important powers the court has.

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