Jurisdiction stripping cases. Jurisdiction-stripping proposals were advanced in Congress as early as 1830. Its logic is simple: By depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. Mar 15, 2018 · The Chief Justice further maintained that, even if the plurality was correct that the Gun Lake Act was best read as a jurisdiction-stripping statute, the law would still be unconstitutional because separation-of-powers principles prohibit Congress from “manipulat[ing] jurisdictional rules to decide the outcome of a particular pending case. Supreme Court recently issued its decision in Patchak v. Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U. Abstract: On August 9, 2018, the Ninth Circuit Court of Appeals in Arce v. Such a divestiture is known today as “jurisdiction stripping,” and, despite Jurisdiction-stripping – Art III § 2 (exceptions clause) gives Congress the power to make exceptions to SCOTUS appellate jurisdiction over cases & can strip their jurisdictional Jurisdiction stripping isn't a magic wand, but if Congress had passed a law on Day 1 of the Biden Administration stripping SCOTUS of jurisdiction of any cases about guns or abortion, things would be very different right now. But the Supreme Court has held that Sep 2, 2005 · Court-stripping measures of this kind eliminate one of the most important of the checks and balances that prevent any of the three branches of government from becoming too powerful. Marbury v. United States Department of the Interior, 78 F. Supreme Court of jurisdiction to hear federal constitutional claims and thereby leave those claims to be litigated in state courts alone. 1 And lately, it has taken on a renewed salience with political progressives calling to strip the federal courts of jurisdiction to re Nov 1, 2021 · Jurisdiction stripping is seen as a nuclear option. Aug 9, 2018 · Congress sometimes exercises this power by “stripping” federal courts of jurisdiction to hear a class of cases. Congress has gone so far as to eliminate a court’s jurisdiction to review a particular case in the midst of litigation. How would jurisdiction-stripping work? Another potential constraint on the federal courts' constitutional judicial review power is Congress's authority to strip courts of their subject matter jurisdiction. Congress used jurisdiction stripping to expedite completion of Mountain-Valley pipeline. Synopsis of Rule of Law. Bush, its latest pronouncement on the detainees in Guantanamo Bay, should be understood as a jurisdiction-stripping case. Supreme Court of jurisdiction over those cases that fall under the Court's original jurisdiction defined in the U. [2] Nov 22, 2024 · In the United States, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction), refers to Congress ' constitutionally-granted authority to determine the jurisdiction of federal and state courts. Supreme Court Ex parte McCardle, 74 U. This report examines a series of Supreme Court rulings that have considered separation-of-powers-based limitations on the Exceptions Clause, congressional jurisdiction stripping, and the ability of Congress to amend laws with the purpose of directly impacting existing litigation. May 1, 2013 · Introduction Usually, only legal scholars routinely consider federal court jurisdic-tion-stripping a hot topic. In addition, Congress possesses extensive authority to regulate the jurisdiction of the lower federal courts, and may limit the cases the Supreme Court can hear on appeal by generally stripping the federal courts of jurisdiction over certain cases. 7 Wall. To its proponents, it offers the ultimate check on unelected and unaccountable judges. Dawn M. 1252 (a) (2) (B), which provides that "no court shall have jurisdiction to review" "any judgment regarding the granting of relief" for certain enumerated categories of discretionary relief. ) 506 Syllabus 1. Cases interpreting Klein have held that Congress cannot impede the judiciary’s power to decide cases independently, for example, by Mar 21, 2023 · Complex Concepts Simplified Jurisdiction-Stripping Jurisdiction-stripping refers to legislative provisions that limit or remove the authority of courts to hear certain types of cases. Jurisdiction-stripping is a way for the legislative branch to limit the judiciary's ability to review and potentially overturn the actions of the executive branch. And in Lynch v. §§ 1252 and 1182, and contrasting this case with precedent from Wilkinson v. Jul 2, 2022 · Congress might be able to prevent the Supreme Court from striking down the Voting Rights Act, for example, by stripping the Court of jurisdiction to hear voting rights cases. St. That predecessor (which today is modified by the Limited Review Provision) essentially barred judicial review of removal orders based on an alien’s commission of certain crimes. § 805. Constitution vests the judicial power in “one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and Aug 12, 2024 · Suppose one rejects the Story view. Mar 19, 2025 · “Congress has the authority to strip jurisdiction of the federal courts to decide these cases in the first place,” DeSantis said. May 9, 2022 · So, jurisdiction stripping is when Congress decides to limit a court’s jurisdiction. In the Fiscal Responsibility Act of 2023, the following text can be found: (e) Judicial Review. All other cases reach the Supreme Court, if at all, on appeal. In this article, Shay and Kalb argue that Woodford and Jones exemplify “jurisdiction-stripping by con-sent,” in which courts relinquish jurisdiction over disfavored categories of cases by adopting facially neutral procedural rules. Jurisdiction stripping, also called curtailment of jurisdiction or court stripping, refers to the congressional practice of defining the jurisdiction of the United States federal judiciary as to eliminate its ability to hear certain classes of claims, thereby making certain legislative or executive actions unreviewable by the federal judiciary, but still potentially reviewable by state Mar 15, 2018 · Jurisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case? May 9, 2025 · An immigration law didn’t strip federal courts of jurisdiction over immigration cases. My own view is that Congress's Exceptions Clause power is broad, but *not* plenary. May 9, 2025 · So Congress actually passed what's called jurisdiction-stripping legislation. Both sides agree, though, that In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts. Jul 21, 2023 · But in 2020, Congress enacted the Sudan Claims Resolution Act, which stripped the federal courts of jurisdiction to hear most terrorism-related claims against Sudan. 5 U. Legislators and commentators have also advanced other proposals to change the Supreme Court’s jurisdiction or procedures. The very substantial literature on the scope of congressional power to strip courts of jurisdiction contains a gap: it does not discuss the source of the affirmative power of Congress to strip state courts of their jurisdiction. Feb 28, 2024 · The jurisdiction-stripping action occurred seven years ago. Most of the commentators to address the case so far have seen it as a case about the war on terror, or about the reach of habeas corpus. ) 506 (1869), was a United States Supreme Court decision in which the Court held that Congress has the authority to withdraw the Supreme Court's appellate jurisdiction to review decisions of lower courts at any time. Mar 15, 2018 · Legal Sidebari Jurisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case? March 15, 2018 The U. Jun 24, 2019 · In that case, the Court evaluated the effect of various allegedly jurisdiction-stripping provisions, including the predecessor to §1252 (a) (2) (C). LDS CONGRESS STRIPPED JURISDICTION TO HEAR PIPELINE CHALLENGE. Between 1953 and 1968, over sixty bills were introduced into Congress to restrict federal court jurisdiction over particular topics. Jurisdiction-Stripping and the Supreme Court A new reform bill raises an old question about how far Congress can go to keep appeals away from the Supreme Court. Jurisdiction Stripping and the Presumption of Judicial Review: Who Gets to Make the Call in 2020 By Patrick M. Aug 9, 2018 · This report highlights a series of Supreme Court rulings that have examined separation-of-powers-based limitations on the Exceptions Clause, congressional jurisdiction stripping, and the ability of Congress to amend laws with the purpose of directly impacting litigation. Brief Fact Summary. Although Congress has power to limit the appellate jurisdiction of the federal courts, it may not use this power to effectively prescribe a rule for Mar 19, 2025 · “Congress has the authority to strip jurisdiction of the federal courts to decide these cases in the first place. Supreme Court of its appellate jurisdiction. S. Mar 13, 2025 · Despite these broad jurisdiction-stripping provisions, the immigration laws also include a jurisdictional “safe harbor” that allows us to review certain questions even in this waiver context. Garland: Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings concerning removal or adjustment of immigration status. -- (1) Notwithstanding any other provision of law, no court shall have jurisdiction to review any action taken by the Secretary of the Army, the Federal Energy Regulatory Commission Sep 26, 2017 · Congress sometimes exercises this power by “stripping” federal courts of jurisdiction to hear a class of cases. Appellants argued that the Act’s jurisdiction-stripping provision is unconstitutional and therefore, that their claims against Sudan may be heard in federal court. Jun 10, 2025 · Jurisdiction Stripping: A legislative mechanism by which Congress removes the power of certain courts to hear specified types of cases, funneling them through specialized administrative procedures. In this panel, academic commentators and amici from the case will discuss the careful distinctions between amendments to substantive law and case-specific jurisdiction stripping, sharing insights on the separation-of-powers questions both behaviors raise. Aug 1, 2024 · Chuck Schumer’s ambitious plan to take the Supreme Court down a peg Schumer wants to engage in jurisdiction stripping, a rarely used tactic that can shrink the Supreme Court’s authority. Bouarfa ar-gues that, because the jurisdiction-stripping provision at is-sue here lacks similar language, its scope must be nar-rower. [1] The entirety of the Court's appellate jurisdiction is determined by federal law. To its proponents, it ofers the ultimate check on unelected and unaccountable judges. May 1, 2017 · By stripping federal courts of jurisdiction over actions “relating to” the Bradley Property, section 2 (b) changed the law and is a jurisdiction-stripping statute. The Respondent, Klein (Respondent), brought suit in the United States Court of Claims, seeking compensation for property taken during the Civil War. As Amicus will explain, implied jurisdiction stripping is contrary to our constitutional design, violates due process, and—at least in the case of the Securities and Exchange Commission—creates a nondelegation issue. Congress attempts to remove habeas jurisdiction over prisoners from Guantanamo by giving exclusive jurisdiction to military courts. It passed a number of laws that say that the Article III courts aren't even allowed to be involved in immigration cases. L. Garland, the court found that it lacks jurisdiction to review the Board of Immigration Appeals’ discretionary hardship determination. May 5, 2021 · Article III of the Constitution gives Congress the power to strip federal courts’ jurisdiction: a power that can be employed to rein in politicized courts and even to override judges when they stand in the way of change that a substantial and enduring political majority wants. The sabotaging of President Trump’s agenda by ‘resistance’ judges was predictable — why no jurisdiction-stripping bills tee’d up at the onset of this Congress?” the governor and former GOP presidential candidate wrote. U. Proposals to strip the federal courts of jurisdiction have been introduced regularly since the early nineteenth century. Mar 6, 2019 · At issue is the scope of a jurisdiction-stripping provision in the Immigration and Nationality Act, 8 U. ” Pursuant to the Jurisdiction-Stripping Provision, we are deprived of jurisdiction to review any claim challenging a “determination, finding, action, or omission” under the CRA. Dec 2, 2019 · It has been 18 years since the Supreme Court’s decision in Immigration & Naturalization Service v. Constitution. The plurality read Congress's power under the Exceptions Clause of the Constitution broadly, suggesting that Congress has nearly unlimited power to strip jurisdiction from the federal courts, even if the result is to terminate a pending case in favor of an identifiable party. WEIMAN† On July 22, 2004,1 the House of Representatives passed the Mar-riage Protection Act of 2004, a bill that would strip the federal courts of jurisdiction over cases challenging the constitutionality of the 1996 Defense of Marriage Act. The Court's jurisprudence largely begins with the Reconstruction-era case, United States v. The research is based upon two newly created databases which identify all such jurisdiction stripping public laws enacted from 1943 to 2004. May 9, 2025 · At the end of the day, Congress passed a body of law known as the Immigration Nationality Act which stripped Article III courts, that’s the judicial branch, of jurisdiction over immigration cases. So Congress actually passed what’s called jurisdiction stripping legislation. (7 Wall. ” Jul 18, 2019 · THEODORE J. “The sabotaging of President Trump’s agenda by ‘resistance’ judges was predictable — why no jurisdiction-stripping bills tee’d up at the onset of this Congress?” In addition, Congress possesses extensive authority to regulate the jurisdiction of the lower federal courts, and may limit the cases the Supreme Court can hear on appeal by generally stripping the federal courts of jurisdiction over certain cases. Jul 1, 2024 · This Essay begins, in Part I, by describing the existing Supreme Court case law on jurisdiction channeling and section (b) (9) and explaining how district courts should decide whether to allow affirmative challenges under that case law. Congress may not strip the U. 70, No. C. The Respondent now argues for affirmation on appeal. . Accordingly, all of the interesting cases involving congressional stripping of jurisdiction from state courts involve simultaneous stripping of jurisdiction from federal courts (as indicated in the mere parenthetical references to federal court B. 506 506 (1868) Ex parte McCardle 74 U. In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts. The appellate jurisdiction of this court is conferred by the Constitution, and not derived from acts of Congress, but is conferred "with such exceptions, and under such regulations, as Congress may make," and, therefore, acts of Congress affirming such jurisdiction have Although the Supreme Court has rarely addressed the possibility of limitations on congressional jurisdiction-stripping power, the few determinative cases to go before the Court reveal an acceptance of the orthodox view of plenary power. Laws granting exclusive federal court jurisdiction over some category of cases are necessary and proper to the exercise […] Jurisdiction stripping has long been controversial. May 10, 2025 · He pointed to a key piece of legislation, the Immigration and Nationality Act, which includes what’s known as “jurisdiction stripping. Oct 26, 2020 · Stripping the Supreme Court of jurisdiction over certain classes of cases, such as abortion cases, would not mean that Americans would not have access to a judicial tribune for resolving cases. Jul 24, 2010 · Part IV will apply the preceding analysis to House Bill 3313 and ultimately conclude that Congress does not have the power to strip any federal court of the jurisdiction to hear same-sex marriage cases. Klein, and leads to Patchak v In addition, Congress possesses extensive authority to regulate the jurisdiction of the lower federal courts, and may limit the cases the Supreme Court can hear on appeal by generally stripping the federal courts of jurisdiction over certain cases. Prominent proposals include making changes to the Court’s motions docket (which some commentators call the “shadow docket”); limiting the Court’s appellate jurisdiction over certain categories of cases (sometimes called “jurisdiction stripping”); imposing This essay argues that the Supreme Court’s recent decision in Boumediene v. Chutkow a, Jurisdiction Stripping: Litigation, Ideology, and Congressional Control of the Courts, The Journal of Politics, Vol. Jurisdiction stripping is seen as a nuclear option. Both sides agree, though, that Feb 28, 2018 · Jurisdiction-Stripping Precedent Strengthened: By upholding the Gun Lake Act, the Court established a clear example of how legislation can validly strip courts of jurisdiction without crossing constitutional lines. 895, 895–97 (1984). Nov 1, 2021 · Jurisdiction stripping is seen as a nuclear option. Unit-ed States held that a jurisdiction-stripping provision of the Immigration and Na-tionality Act does not preclude judicial review of damages claims brought by noncitizens. Sep 27, 2022 · But, the Real ID Act of 2005 restored our jurisdiction over “constitutional claims or questions of law” presented in cases subject to the jurisdiction-stripping provision. , 2008), pp Dec 27, 2019 · The Ninth Circuit affirmed the district court's dismissal of a Truth in Lending Act (TILA) claim for lack of subject matter jurisdiction based on the jurisdiction-stripping provisions of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA). Madison holds that Congress cannot grant the federal courts more jurisdiction than Article III allows; that is, Article III is the ceiling of possible federal judicial power. Dec 16, 2024 · The Court’s preservation of this issue is thanks in part to an amicus brief that the Northwest Immigrant Rights Project (NWIRP), the National Immigration Litigation Alliance (NILA), and our firm, Van Der Hout LLP, authored and filed in the case in July 2024, arguing that the jurisdiction-stripping provision is limited to the removal context. Kinnally February 2020 To many practitioners, including myself, Congress’s authority to strip federal courts of jurisdiction to hear certain cases, emanates in our politic because Congress does not like what federal judges might rule, or more probably it wants to control the outcome In addition, Congress possesses extensive authority to regulate the jurisdiction of the lower federal courts, and may limit the cases the Supreme Court can hear on appeal by generally stripping the federal courts of jurisdiction over certain cases. 4 (Oct. Congress can use jurisdiction-stripping to prevent the courts from hearing certain types of cases, such as those related to national security, immigration, or economic policy. It has very recently happened. 4th 71 (4th Cir. Mar 24, 2020 · The court has determined that Congress did not strip circuit courts of authority to review the application of law to settled facts in any removal appeals brought by noncitizens with certain criminal convictions, not just removal appeals involving equitable tolling. Rev. I was only able to find a single poll that asked about the subject of jurisdiction stripping, (which I cite in footnote 101) although the poll didn’t even use the words jurisdiction stripping, but rather explained its function. Dec 30, 2019 · Here, Congress’s intent to preclude judicial review is “fairly discernible. See Gerald Gunther, Congressional Power to Cur-tail Federal Court Jurisdiction: An Opinionated Guide to the Ongoing Debate, 36 Stan. But determining whether Congress has withdrawn jurisdiction often raises * Assistant Professor, University of California – Berkeley School of Law. However, the case remains good law, and Klein and its progeny provide some useful guideposts for Congress in fashioning jurisdiction-stripping legislation and measures that target pending litigation. But even assuming that is true, that does not help Bouarfa here, because unlike the discretionary determina-tion at issue in Patel, §1155’s revocation authorization has no threshold requirements. Mar 21, 2021 · Jurisdiction stripping is one such way to do this, and Congress has used jurisdiction stripping to essentially force the Judiciary's hand on a number of active cases throughout history. In 2017, shortly after the FERC certificate was awarded, opponents of that decision, including the Sierra Club, sought rehearing from FERC. Jurisdiction stripping has long been controversial. Special thanks to Mahrah Taufique for help on the legal issues concerning translation of the asylum application Aug 5, 2024 · 93. — Appalachian Voices v. Mar 19, 2025 · Citing jurisdiction-stripping provisions in 8 U. 2 Article III of the U. To its critics, it poses a grave threat to the separation of powers. ” “At the end of the day, Congress passed a body of (1) Jurisdiction - OCAHO generally has jurisdiction to hear and adjudicate cases involving allegations of: (A) Knowingly hiring, recruiting, or referring for a fee, or continuing to employ, unauthorized aliens, or failing to comply with employment eligibility verification requirements in violation of INA § 274A (employer sanctions); Ex parte McCardle, 74 U. The Joliffe, Ettor, Forbes Pioneer Boat Line, and Coombes cases, supra, all dealt with state statutes or constitutional provisions repealing prior state laws. Oct 30, 2024 · The grant of Supreme Court original jurisdiction over cases affecting ambassadors and cases where a state is a party means that those types of cases may be commenced in the Supreme Court in the first instance. I argue that this decision takes significant steps toward First case since Klein to hold jurisdiction stripping unconstitutional. In this case, plaintiff sought rescission of a mortgage loan under TILA, claiming that the lender provided him with defective notice It is the fact that here Congress was exercising its commerce power, which, we think, primarily serves to distinguish the cases relied upon by appellants. Zinke, a case implicating a host of difficult legal issues concerning the respective powers of Congress and the judiciary. 1 And lately, it has taken on a renewed salience with political progressives calling to strip the federal courts of jurisdiction to rein in a perceived conservative judiciary. Cyr, a case about the scope of a jurisdiction-stripping statute aimed at preventing […] s not to register as “jurisdiction stripping” at all. Courts still rule on the constitutionality of a president’s immigration actions. Mar 19, 2025 · DeSantis posted Wednesday on X: “Congress has the authority to strip jurisdiction of the federal courts to decide these cases in the first place. This case presents the Court with a chance to reclaim the courts’ Article III jurisdiction over such cases. The term “jurisdiction stripping” is used throughout this Article to refer to efforts to restrict federal jurisdiction over a class of cases (such as cases involving school prayer). Even so, stripping all courts, both state and federal, of jurisdiction over some particular category of cases raises further questions. When Congress strips federal courts of jurisdiction, it exercises a valid legislative power. 2 Two months later, the House passed a simi-lar bill that would curtail federal court jurisdiction for challenges to the constitutionality of Jan 19, 2024 · Cases since Klein have limited the reach of that decision. Congress can strip federal courts of all or some of its jurisdiction, channel jurisdiction over a particular class of cases into one particular court, and even strip the U. Patchak ultimately upheld th e Gun Lake Trust Land Reaffirmation Act (Gun Lake Act) against a Jun 28, 2021 · Patel v. Although Congress periodically considers bills stripping federal courts of jurisdiction in one way or another,1 such at-tempts almost always fail, and so debate outside the academy focuses much more on how the federal courts ought to decide cases than if they may de-cide them at all Hamdan argued in the Supreme Court that to read the Detainee Treatment Act to strip jurisdiction over pending habeas cases, as Justice Scalia did, would raise constitutional questions about Congress's power to limit the Supreme Court's appellate jurisdiction. They can decide to strip a federal court of the power to hear a specific class of cases. Aug 11, 2023 · Can Congress, with particular pending litigation in mind, strip a particular court of jurisdiction to hear a certain type of cases when it disagrees politically with the view of the law that court has taken in the past? Apr 1, 2025 · Congress can strip federal courts of all or some of its jurisdiction, channel jurisdiction over a particular class of cases into one particular court, and even strip the U. There is really only one case on point, the 1948 Second Circuit decision in Battaglia v. Featuring: Congressional “court stripping,” or the attempt to take jurisdiction away from courts to review matters of all types, is not new. A case study of jurisdiction stripping statutes in a single policy area, Forest Service wilderness designations, augments the empirical analyses. 2023). Jul 14, 2024 · Judges and scholars have assumed that determining the extent of jurisdiction-stripping statutes requires answering questions of law. Just how many cases will fall within this category is unknown. eang95 z4ypo knvxp whypvi cns 9qjd dna ns4 phft motj