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0 tracked cards Constitutional Law

While several appeals were pending in the Supreme Court from lower federal-court judgments against the United States, Congress enacted a statute providing: "The Supreme Court shall have no appellate jurisdiction over this category of cases. In all pending cases, the courts shall dismiss the action because the United States' legal position is correct." A losing plaintiff argues that the statute violates separation of powers.
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Congress has no power to regulate Supreme Court appellate jurisdiction once a case has been filed. Congress may withdraw original jurisdiction from the Supreme Court in any case listed in Article III. Congress may make exceptions to the Supreme Court's appellate jurisdiction, but it may not prescribe a rule of decision that requires courts to decide pending cases in favor of the government. Congress may eliminate all Article III jurisdiction over every constitutional claim, including the Supreme Court's original jurisdiction.

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