July 24, 2004

The NYT on gay marriage and jurisdiction.

Here's the NYT editorial on the jurisidiction bill discussed in the previous post. It stresses the history of jurisdiction cutback efforts:
The House's solution, stripping the federal courts of power, is one that opponents of civil rights and civil liberties have been drawn to in the past. Opponents of court-ordered busing and supporters of school prayer tried it. But even at the height of the backlash against the civil rights movement, Congress never passed a law that completely insulated a federal law from Supreme Court review.

It concludes by characterizing the current effort as a political stunt:
The House vote could be dismissed as election-year politics. It's highly unlikely the Senate will go along, and even if it did, there is good reason to believe the law would itself be declared unconstitutional. Still, even one house of Congress backing this sort of assault on the federal judiciary is an outrage.

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