Buchanan on Our Judicial Dictatorship
“When Congress enacted the Defense of Marriage Act, Bill Quirk urged it to utilize Article III, Section 2 of the Constitution, and write in a provision stripping the Supreme Court of any right to review the act.
Congress declined, and the Court, predictably, dumped over DOMA.”
http://buchanan.org/blog/judicial-dictatorship-7010
Would it have mattered though? If Congress had passed jurisdiction stripping legislation what would have stopped legal challenges to that law? And then ultimately what would have stopped 5 Sup Court justices from saying that Congress’ action overstepped its Article III Section 2 powers?