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Source Annulment Complete Family Law for MPT List Showing the closest available flashcard practice.

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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 may eliminate all Article III jurisdiction over every constitutional claim, including the Supreme Court's original jurisdiction. Congress may not make any exceptions to Supreme Court appellate jurisdiction because judicial review would otherwise be weakened. 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 withdraw original jurisdiction from the Supreme Court in any case listed in Article III.

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