by Kenny Stencil
July 15, 2022
Introduction:
Read more here: https://www.commondreams.org/news/2022 ... on-over(Common Dreams) Reps. Alexandria Ocasio-Cortez and Mondaire Jones on Thursday led a group of progressive lawmakers in sending a letter to Democratic leaders urging them to support restricting the Supreme Court's appellate jurisdiction over statutes codifying abortion and other civil rights imperiled by the court's reactionary majority.
"With our basic rights under threat from a rogue Supreme Court, Congress needs to exercise our legal authority to the fullest extent," Ocasio-Cortez (D-N.Y.) tweeted Thursday. "That's why today we called on Senate Majority Leader Chuck Schumer (D-N.Y.) and House Speaker Nancy Pelosi (D-Calif.) to support stripping the Supreme Court's jurisdiction over abortion."
"Congress is granted the authority to remove the Supreme Court's jurisdiction under Article III" of the Constitution, she continued. "To protect marriage equality, contraception, and more, we need to limit the power of the far-right court that's already overturned Roe v. Wade."
Jones (D-N.Y.) argued that "this far-right Supreme Court is on a rampage against the freedoms of the American people."
Prior to last month's 6-3 ruling in Dobbs v. Jackson Women's Health Organization—a decision that experts say will have deadly consequences and violates international law—access to legal abortion care had since 1973 been protected by the 14th Amendment's substantive due process clause.
Article III, Section 2 of the Constitution reads in part as follows:
caltrek’s comment: I am not sure what would happen if a pro-life state brought litigation challenging a federal law in which Congress acted to remove the Supreme Court’s jurisdiction. In such a case, wouldn’t the State be a party in the case?In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Just asking.