Politics As Usual

[Mmmm, Burger (C.J.)]

Originally posted by Atticus Grinch
I was just musing that there might be some due process right to SCOTUS review of federal question cases decided in state courts.

The great unknown left open by ex parte McCardle, which could avoid the question because there were other methods of seeking a habeas writ than the one deprived him when Congress repealed jurisdiction over such petitions. What if they had taken away all avenues? All writs act? A challenge to the statute as unconstitutionally depriving the courts of jurisdiction in a non-neutral fashion? perhaps. scholars kill trees over this.