U.S. Supreme Court
Jan. 8, 2016
Separation of powers on trial at high court
It's a deceptively simple question with two correct answers: Can Congress pass a law directing the outcome of litigation in a pending federal case? By Carlton F.W. Larson
It's a deceptively simple question: Can Congress pass a law directing the outcome of litigation in a pending federal case? The issue arise in Bank Markazi v. Peterson, 14-770, which the U.S. Supreme Court will hear on Jan. 13. And there are two clearly correct answers.
Answer one: Of course Congress can't do that. Any schoolchild with an elementary understanding of civics understands that courts, not Congress,...
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