What can Congress do today, without amendment, to change the shape and role of the lower courts in a way that affects the jurisdiction and control of the Supreme Court?
I don't think that this is a Congressional muscle that Congress has flexed very much.
-PJ
I agree with you that congress has not used its Article III powers to check Scotus. Congressional power over pay, the makeup of lower courts and cognizance over jurisdiction are significant tools to check Scotus. Like the impeachment power, they just aren't used because controversy may threaten the reelection of reps/senators.
The reason is . . . back to the 17th Amendment. When the states were represented in the senate, Scotus was careful not to tread upon state toes. Congress could make life very difficult for federal judges. The 17th upended that, and effectively repealed the 10th Amendment.
If the states appointed senators, what is the chance a president would bother to nominate a judge who had a written history of hostility to the 10th amendment? Today, the federal courts are loaded with leftists who have no trouble flicking away state laws as if they were unwanted lint on a sweater.
I agree. The easiest thing congress can do is eliminate judgeships. As you pointed out they could elevate or subordinate different courts. I believe RINOs would side with dims and prevent the exercise of this authority. Recall the gang of 14. Beyond that most in congress probably don’t know they have the authority.