The Supreme Court Review Act: Fast-Tracking the Interbranch Dialogue and Destabilizing the Filibuster
Aaron-Andrew P. Bruhl* | Vol. 25 | Online | Citation: Aaron-Andrew P. Bruhl, The Supreme Court Review: Fast-Tracking the Interbranch Dialogue and Destabilizing the Filibuster, 25 U. Pa. J. Const. L. Online (2023).
This Essay presents an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases, the Act would promote the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The Essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation and effects.
***
*Aaron-Andrew P. Bruhl is the Rita Anne Rollins Professor and Special Advisor to the Dean, William & Mary Law School. For helpful comments, I thank Christopher Walker. For research assistance, I thank Brendan Clark.