Congress doesn't have the Constitutional authority to order a de novo review. Any move by Congress to tell the Courts how to conduct in-court procedures is a direct violation of the Constitution.
Congress has the constitutional authority to set the jurisdiction of the lower federal courts. This includes mandating the standard of review to be applied. SCOTUS can disagree...but not the lower courts.
Huh? Here's the relevant clause:
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.The Congress can make any exception and regulation of appellate review they so desire.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Clause 1: ...
Clause 2: 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.
That doesn't seem to be a twoway street. The courts often tell the legislature what to do. In Mass. they ordered the legislature to pass a law allowing same sex marriage. Is that kosher?
The Constitution gives Congress power over federal courts other than the Supreme Court..in Article 1, Section 8, "to constitute
ytribunals inferior to the Supreme Court."