I just came back to ask another question and then I have to leave for a while but will check in again in the a.m., probably.
What makes the Senate think that any counter-proposal will satisfy SCOTUS? SCOTUS has already ruled on this matter. Color me confused.
Other than specific cases enumerated in the Constitution, Congress has the power to give and take jurisdiction from courts. Of course, that legislation is itself subject to challenge on constitutional grounds. Most of the division of jurisdiction in the federal court system is defined in statutes. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
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. ...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.
U.S. Const. Art. III, sec. 3, cl. 2
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.