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Prison Litigation Reform Act (PLRA)

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Prison Litigation Reform Act (PLRA)

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Yes. Congress can pass legislation that prevents the US Supreme Court from exercising appellate jurisdiction over certain Executive and Legislative actions, either in whole or in part. This is known as jurisdiction stripping, or curtailment of jurisdiction. Congress cannot pass legislation that interferes with the Supreme Court's original jurisdiction, as granted by the constitution, nor can they concurrently remove jurisdiction from the Supreme Court and inferior courts, leaving no forum to challenge the legislation (although they may specify which court or courts will have original and appellate jurisdiction in such cases, as they did with Guantanamo detainees).

Some other examples of legislation that stripped jurisdiction from the Supreme Court:

  • The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (denied federal courts the right to challenge decisions the INS makes regarding asylum-granting).
  • The Prison Litigation Reform Act of 1996 (PLRA) (restricts remedies to civil litigation relating to prison conditions)
  • The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) (limits the number of habeas petitions state prisoners can file in federal court).

For more information, see Related Questions, below.

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While the President and Congress can't directly change an unfavorable decision, they may circumvent the decision by passing legislation that addresses the constitutional challenge while still accomplishing their goal. For example, if the Supreme Court decides corporations can contribute an unlimited amount of money to political campaigns, Congress may try to pass legislation restricting companies with foreign ownership or foreign subsidiaries from donating to prevent foreign powers from participating in the US political process.

Optionally, Congress could work with the States to ratify a constitutional amendment that effectively defeats the Court's objectives (this is a difficult and time-consuming process, however).

Congress also has the right to prevent the Supreme Court from hearing certain types of cases under their appellate jurisdiction (called jurisdiction stripping) to reduce the possibility of certain controversies being declared unconstitutional in the future. This action wouldn't prevent a specific judgment from being acted upon, but could check the judiciary and restrict them from making sweeping changes.

Because the Supreme Court has no authority to enforce its decisions, the President may ignore a decision or refuse to take action supporting it. Such was the case with many civil rights decisions made before Congress passed the Civil Rights Act of 1964 (and 1968).

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