[Crackingham]

Failure to provide a de novo review despite a statutory mandate to do so.

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.

[peyton randolph]

Congress doesn't have the Constitutional authority to order a de novo review.

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.

[FreedomCalls]

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.

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.

[TheHound]

Any move by Congress to tell the Courts how to conduct in-court procedures is a direct violation of the Constitution.

Article. III.

Section. 1.

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.

Section. 2.

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.

[Nuc1]

Of course they do. With some exceptions the constitution empowers the congress to tell the courts what they can and can't review. What they must and must not do. In fact any time congress wants it appears to me they can revoke the concept of judicial review, which as we all know was a power grab by the supreme court. There are enough avenues available to congress to reign in the courts. All that is lacking is the will. And perhaps cloture votes in the senate.

[Mind-numbed Robot]

Any move by Congress to tell the Courts how to conduct in-court procedures is a direct violation of the Constitution.

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?

[Bushbacker]

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."