I’m a constituent writing because I believe Congress has a constitutional duty to respond when the Supreme Court issues decisions that stray from our nation’s laws and values.
Article III, Section 2 of the Constitution gives the Supreme Court appellate jurisdiction “with such Exceptions, and under such Regulations as the Congress shall make.” In other words, Congress—not the Court—controls which types of cases the Court can hear on appeal and under what procedures. This is a little-used but powerful check built directly into the Constitution to preserve balance among the branches of government.
Historically, Congress has used this “Exceptions Clause” to withdraw or reshape jurisdiction over categories of cases (Ex parte McCardle, 1869) and to establish the structure of the lower federal courts. While Congress may not dictate the outcome of specific cases or cut off all constitutional review, it absolutely can:
Limit or channel appellate jurisdiction going forward, so that certain types of cases are resolved in lower courts or specialized tribunals.
Rewrite underlying statutes to overturn or sidestep unwanted interpretations.
Propose constitutional amendments when the Court misreads the Constitution itself.
Using these powers would not retroactively erase existing precedents, but it would protect Congress’s role in writing our laws, ensure constitutional rights have a meaningful forum for review, and prevent the Supreme Court from acting as an unchecked policy-making body.
I strongly urge you and your colleagues to begin hearings and public discussions on responsibly using Congress’s Article III powers. This is not about undermining the judiciary—it’s about restoring the balance of powers our Framers intended.
Thank you for your leadership and for defending both the Constitution and the separation of powers.
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