I wondered about that when I saw her commentary, but I am no lawyer....
I did too - because Congress is full of lawyers who should have known that.
The biggest problem I see is that the PUBLIC does not know that the Constitution specifically gives CONTROL, REGULATION AND CONSTRUCTION OF THE COURTS .... TO CONGRESS. The founders knew judges would be appointed NOT ELECTED - and the final judgement must rest with people who are elected representatives of the people.
The democrats DON'T WANT THE PUBLIC TO KNOW THAT .. because if the public knows that the USSC IS NOT the final arbitor of THE LAW - then the democrats cannot get their agenda implemented - NO WONDER THEY'RE MAD!! LOL!!