Can the Congress can take from the SC the power over cases arising under the constitution, which this clearly is. I would presume, if so, that that argument would have been made in the dissent, and it appears not to have been.
Exceptions and Regulations clause of the United States Constitution (Art. III, § 2, Cl. 2) grants Congress the power to make exceptions to the constitutionally-defined appellate jurisdiction of the Supreme Court.
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.