Re:House Democrats to propose ban on lawmaker stock trading ...
by rootusrootus on Thursday July 28, 2022 @04:51PM
(#32269953)
Congress could fix it if they really wanted to. Make a law that essentially reverses the interpretation of Citizens United, and then take it out of the jurisdiction of the Supreme Court.
Not that this is in any way likely to happen, of course.
Re:House Democrats to propose ban on lawmaker stock trading ...
by jaredhallen on Thursday July 28, 2022 @06:51PM
(#32270994)
If such a law were passed (and I agree, it's extremely unlikely), I expect that litigation would be filed as to it's constitutionality. Which would put the ball back in the Supreme Court's court, so to speak.
Re:House Democrats to propose ban on lawmaker stock trading ...
by rootusrootus on Thursday July 28, 2022 @10:46PM
(#32272613)
I'd like to see how that would work. In the past, SCOTUS has acknowledged that the Constitution indeed grants Congress the ability to remove legislation from the court's jurisdiction.
Notably, the Constitution does not grant the court the power of judicial review. The court granted itself that right. So in a battle between precedent and the text of the Constitution, I hope the latter would win.
A constitutional amendment would nuke the current limitations, but it's impossible in practice for us to get there. On the other hand, as we've seen as of late, no decision by the Supreme Court is set in stone, so we could, in theory, get Citizens rolled back and then some. That also seems unlikely in the short term.