Ganging Up Against the Courts: Congressional Curtailment of Judicial Review, 1988-2004

The Constitution grants Congress the power to regulate the jurisdiction of the federal courts. Congress has sought to exercise this power throughout its history, especially when the courts have issued a decision or series of decisions that are very unpopular. The precise nature of Congress\u27 authority in this area is controversial and scholars have proposed many criteria and theories to delineate the legislative and judicial branches\u27 respective powers. This study, examining the number of times Congress has categorically denied the courts\u27 jurisdiction over a defined set of cases between 1988 and 2004, finds that Congress has denied jurisdiction 166 times. This practice, while currently relatively narrow, could have major implications for the balance of powers between the three branches of the federal government and the vindication of individual rights if allowed to become more prevalent