Opinion: Angry about the Supreme Court? Blame Congress (via latimesopinion )
over the Supreme Court, which allow it to control significant functions such as paying court staff, providing the justices’ security and keeping the lights on.to restructure the court, such as by changing its size, imposing limits on how long the justices serve or redefining the court’s jurisdiction.The Supreme Court didn’t rule that student debt can’t be forgiven; it merely said that government has to do it right or don’t do it at all.
As for its imagined role as a governing partner in dialogue with the judiciary, Congress has let the court dominate with a monologue. The justices have struck down constitutional precedents, such as the right to abortion, that the legislature has failed to codify.
Only Congress can claw back policymaking power from the Supreme Court. Doing so will not be easy, especially when both parties benefit from the anti-democratic power transfer to the judiciary. But there are immediate steps we can take. It’s past time for Congress to abolish procedural barriers to legislating, including the filibuster, and support bold court reform strategies — which also need the backing of the president and public.
Francesca Procaccini is an assistant professor of law at Vanderbilt Law School. Nikolas Guggenberger is an assistant professor of law at the University of Houston Law Center.
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