"On a special Legal AF interview hot take, podcast co founder Michael Popok interviews former federal judge J. Michael Luttig and they debate whether the Supreme Court just turned the constitution and the role of federal courts and the Supreme Court on its head and gave Congress alone the power to keep insurrectionists off the ballot, neutering the Supreme’s own power.”
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law.[1][2] It established that the U.S. Constitution is actual law, not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
Michael Popok,
“John Marshal must be spinning in his grave. It would be the equivalent of John Marshal and Marbury versus Madison instead of saying that the United States Supreme Court is going to be the final arbiter of whether something is constitutional or not. Instead saying we need to go back to Congress for Congress to tell the court how to interpret the Constitution.”
Former federal judge J. Michael Luttig,
“The one thing that we know, not withstanding the Supreme Court’s decision a couple of days ago, is that only the Supreme Court of the United States of America can determine who is disqualifiable under the 14th Amendment. This opinion put that in the hands of the Congress of the United States. So as you were saying in that specific a way that has Chief Justice John Marshal rolling over in his grave.”
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