Except that (1) Congress acts only by passing bills, so Congress could not restrain the Supreme Court from hearing the case without the President’s approval, (2) even if Congress could act alone, the Senate would have never gone along with that, and (3) Congress cannot strip the courts of jurisdiction in cases in which the Supreme Court has original jurisdiction, and several states were party to the health care case.
Moreover, all prohibiting the Court from hearing this case would have done would have been to leave the lower court rulings as-is, which would have meant that different parts of ObamaCAre would have been struck down and upheld in different parts of the country.
That won't get the American car out of the ditch.
I swear, what we need is a "JUST READ THE DAMN CONSTITUTION!" party. We do NOT need a class of "judicial Mandarins" to interpret the Constitution for us! Not. At. All. We ordinary peons can use the tools plainly written in the Constitution to "self-rescue" our nation.
Naturally, this won't happen tomorrow. It will only happen at the end of a bitter political "Tea Party Revolution," as a means of offering a peaceful way out to the "Constitutional Mandarins," socialists, 'rats and other covert enemies of the Constitution, giving them a fig leaf short of a shooting civil war.
But it can, and it will happen. The alternative is abject, cringing surrender to the tyranny of 5 lifetime-tenured oligarchs. That, I will never, never accept.
Just hold course on Article 3 Section 2, wrtten in plain English, and not Mandarin or Sanskrit, and needing no Byzantine lawyerly interpretation: "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.
It's just plain English. Don't be fooled by legalese smokescreens.
"...with such Exceptions, and under such Regulations as the Congress shall make."
In 1820, Thomas Jefferson expressed his deep reservations about the doctrine of judicial review:
“You seem ... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.”
We can win this. It won't be easy, but the PLAIN ENGLISH of the Constitution is on our side.
Don't suffer legalese smokescreens!