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Old 07-15-2004, 02:54 PM   #4706
Gattigap
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Join Date: Mar 2003
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Quote:
Originally posted by Atticus Grinch
At the risk of inspiring Not Me to post long quotations from case law in boldface, isn't it Con Law 101 that Congress can prescribe the jurisdiction of the Article III courts only to the extent it isn't granted to the Supreme Court in the Constitution --- i.e., they can only limit the J of courts they "ordain and establish," which is every federal court except the SCOTUS?

Which means if you yank the J of the District and Circuit courts, all you do is multiply the original proceedings in the SCOTUS?
Perhaps Smiling Tom is relying on the resulting backlog to push an actual hearing of a Jurisdiction Impacted Case back to say, 2015. Or he's betting that at such time, future Chief Justice Thomas will convince his colleagues consistently to deny cert.
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