Congress technically has the power to undo Supreme Court decisions it doesn’t like.
But these days, partisan divisions have interfered with Congress’ functioning so much that the nations’ justices often have the last word, The New York Times’ Adam Liptak reports.
The Times cited this recent study by University of California, Riverside professor Richard Hasan, which found the number of so-called Congressional overrides of Supreme Court decisions have diminished significantly in the past decade.
“[P]artisanship seems to have strongly diminished the opportunities for bipartisan overridings of Supreme Court cases, in which Democrats and Republicans come together to reverse the Supreme Court,” the study found.
Justice Antonin Scalia made a reference to the high court’s new power during the game-changing arguments over the president’s signature health care overhaul, Liptak reported.
While discussing whether the high court should strike down the insurance mandate and let Congress decide on the balance of the law, Scalia said “you’re not going to get 60 votes in the Senate to repeal the rest.”
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