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To: Cboldt
NO!!!!

The Constitution defines the jurisdiction of SCOTUS. Marbury v. Madison was decided on this issue, could Congress modify the jurisdiction of SCOTUS? No. The Constitution defines SCOTUS jurisdiction, and either the constitution controls, or a law contrary to the constitution controls. Given a conflict in source of law, the superior source (between Constitution and law) is Constitution.


You are making one small mistake. The Constitution defines what cases for which the Supreme Court will have original jurisdiction. In all other matters the Congress can define the court's jurisdiction.

Here is the text of Article III Section 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.

Marbury only held that the Congress could not expand or restrict the court's Original jurisdiction. You win the point anyway though. Since the plaintiff's are states, the Supreme Court can claim original jurisdiction.

48 posted on 06/03/2017 1:55:09 PM PDT by SeeSharp
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To: SeeSharp
-- You win the point anyway though. Since the plaintiff's are states, the Supreme Court can claim original jurisdiction. --

I can't win on that point. The plaintiffs aren't states in these cases, they are individuals and organizations. In the 4th Circuit ...

... six individuals and three organizations--subsequently filed their operative complaint challenging the Order under the INA and the Establishment Clause, and moved to "enjoin[] [the Order] in its entirety." D. Ct. Doc. 95, at 1 (Mar. 11, 2017); see C.A. App. 254-258. The individual respondents are U.S. citizens or lawful permanent residents who claim that the Order will prevent or delay a foreign-national family member from entering the United States. Four individuals--John Doe #1, Jane Doe #2, John Doe #3, and Paul Harrison--allege that Section 2(c) would prevent family members from obtaining visas. C.A. App. 213-214, 245-252. The other two--Muhammed Meteab and Ibrahim Mohomed--allege that family members would be denied or delayed admission under the Refugee Program. C.A. App. 249-250, 252.

One organization, the Middle East Studies Association of North America, Inc. (MESA), alleges that Section 2(c) will prevent its members abroad from traveling to the United States for conferences, deter U.S. members from conducting work abroad, and prevent foreign scholars from attending MESA's annual meeting in the U.S. C.A. App. 213, 243-245. The other two--the International Refugee Assistance Project (IRAP) and HIAS, Inc.--principally provide resettlement services to refugees and assert injury based on the refugee provisions. C.A. App. 210-213, 235-243.

If there was a colorable argument that the cases were SCOTUS original jurisdiction, I believe the argument would have been advanced in the District Courts.

51 posted on 06/03/2017 2:03:00 PM PDT by Cboldt
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