Tuesday, March 08, 2005

More on Roper

At Law.com, they are saying that Anthony Kennedy's recent moves to cite foreign opinion in court cases has cost Kennedy his shot at being the next chief justice.I actually doubt that Kennedy had much of a shot to begin with, but maybe I am wrong. What I find most interesting In this article is the following:

"That viewpoint reverberated in Congress, where Kennedy's opinion re-energized efforts by Rep. Tom Feeney, R-Fla., to pass a resolution against using foreign court decisions in judicial opinions.

'This is a clear-cut example of policy-making from the bench,' said a statement from Rep. Steve Chabot, R-Ohio, who supports the resolution and chairs the House Judiciary Subcommittee on the Constitution."

People often forget how much Congress can alter the Supreme Court's power. The Constitution says very little about the judicial branch and Congress in fact was the one who set the number of justices at nine. I truly believe that resolutions, like Feeney's, if passed by Congress would have to be followed by the Court. Of course, with their penchent to legislate from the bench, you never know.

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