Can the President Override the Supreme Court Decision?
When the Supreme Court rules on a constitutional matter, that decision is essentially final; only the constitutional amendment process or a subsequent ruling by the Court can overturn the Court’s rulings.
Congress can overturn a Supreme Court decision by amending the Constitution. This has happened several times and is still possible today. However, the Women’s Health Protection Act, which failed to pass the Senate earlier this year, is one example of a law Congress could override without widespread public outrage. But will this measure ever pass? Attorney and mediator Hesha Abrams says it is unlikely.
Constitutional amendments can override supreme court decisions.
Override legislation can be passed by Congress as a separate bill or as part of a larger omnibus bill. It can also be added to bills that have nothing to do with the Supreme Court’s decision. One example of override legislation is the Affordable Care Act, which is undergoing judicial review. Overrides are typically short and are designed to reinforce congressional intent. Despite the benefits of this legislation, it may not be the best route for most individuals.
There are many reasons why constitutional amendments cannot override a Supreme Court decision. The most well-known power of the Supreme Court is known as judicial review. Its doctrine was established in the case of Marbury v. Madison. It is a way for the Supreme Court to declare a particular action to violate the Constitution. The process of amending the Constitution includes ratification requirements.
Overriding a Supreme Court decision requires near-unanimous control of the House and Senate. But if Congress can pass SJ Res 19 despite opposition from both major parties, overriding a court decision is a viable option. Unfortunately, the Supreme Court has primarily deemed such cases unachievable. However, there have been a few examples of overriding a Supreme Court decision in the past, such as the Lilly Ledbetter Act passed by Democrats in 2009.
An excellent example of an override is the infamous judicial overrule in 1976. The Court overruled a majority of decisions, including those by conservative justices. That’s a very high number – overriding a Supreme Court decision is unusually high compared to other federal legislation. As a result, overriding a Supreme Court decision is a good way for progressives to get their way in this country.
Congress can rein in a rogue judiciary.
If the Republican-controlled Congress fails to rebuke the rogue judiciary shortly, the judicial branch will likely continue to grow even more lenient. The Supreme Court, which handed down many vital decisions that have since become precedent, carries a certain amount of political heft. Congress can rein in a rogue judiciary through various methods. Firstly, it can rein in rogue district courts by clipping their wings and making nationwide injunctions.
Second, Congress can amend judicial decisions. The Constitution allows Congress to override a court’s decision. This process is called statutory overrides. If the Supreme Court overrules a conservative statute, Congress can enact a statutory override, which chips away at the conservative Court’s decisions. It is an essential element of a progressive plan and should be part of the Democrat-controlled House of Representatives and White House demands.
Supermajority requirements could strip lower courts of power to strike down such laws.
The Supreme Court has the ultimate authority to strike down laws, but the Constitution limits the power to strike them down. The Supreme Court has historically reversed lower courts when striking down statutes. Limiting that power to strike down a single law would be unwise. Moreover, the Supreme Court’s power to overturn lower court decisions could demoralize the other branches of the government and impair their legitimacy.
While the Court may have more discretion to interpret the Constitution, it does not necessarily have to replace congressional preferences. Enacting coalitions often disagree on details of the bill, such as how to implement the law. The Supreme Court may try to reflect the intention of Congress. This may be problematic, but it is not impossible. There are cases where the Supreme Court would rule a law unconstitutional, but only when it had majority support.
A more practical approach would be simply leaving the lower Court’s ruling alone. This would give the Court a chance to gather data for future cases. But that’s not an independent reason for taking the case. Moreover, it would limit the power of the courts to review statutes. In such circumstances, a supermajority requirement could strip lower courts of the power to strike down such laws.
The Supreme Court must be almost exclusively interested in policy outcomes, not in the outcome of an individual case. If they take up cases that are not important to the policy goals of the lower Court, it would be more likely for the Court to uphold the lower Court’s decision. Furthermore, the Supreme Court would reward Congress for excelling by taking up a case that does not have a significant political impact.
While this seems contradictory, it can be argued that the Supreme Court should not have any power to overrule the lower courts. After all, the Court is more than a passive backstop for lower courts. Allowing lower courts to strike down laws could stifle their power to challenge such laws. However, it is unclear if the Supreme Court would be able to correct the wrongs of lower courts.
Roberts court has already issued a slew of right-leaning rulings without triggering widespread public outrage.
The Pennsylvania Supreme Court’s decision to extend the deadline for mail-in ballots is a prime example of how a conservative majority can make a court’s decisions controversial. While some viewed the ruling as partisan, it interpreted the state’s law correctly. Roberts is correct to avoid revisiting such a decision.
Interestingly, a professor of law at Harvard Law School and former clerk to late Justice Thurgood Marshall says that the Texas Attorney General Ken Paxton case was not a good test of the new justices’ ability to uphold a partisan election. So while conservatives are ideologically committed to the conservative policy, they are not obligated to follow the president’s will. And if conservatives dominate the Supreme Court, they may not follow the conservative majority in the House and Senate.