Cortez Masto, Whitehouse Introduce Congressional Check on Rogue Supreme Court Decisions

Legislation to allow Congress to respond quickly to Court decisions comes as Americans’ approval of the Supreme Court is nearing a historic low Washington, D.C. – U.S. Senators Catherine Cortez Masto (D-Nev.) and Sheldon Whitehouse (D-R.I.) introduced legislation to bolster Congress’s ability to check Supreme Court decisions that erroneously interpret federal law or roll back constitutional rights. The Supreme Court Review Act mirrors existing legislation that allows Congress to quickly respond to federal agency rules. “Our country was founded on a system of checks and balances, and there is no reason we should let an extreme Supreme Court take away Nevadans’ fundamental rights,” said Senator Cortez Masto. “It’s time to put some power back in the hands of the people’s elected representatives and make it clear that Congress has the power to check the Court when it guts critical constitutional protections.” “The captured right-wing majority of the Supreme Court is openly delivering goods to deep-pocketed special interests. When the Court abuses its power in this way—especially by paving over factual records—it’s up to Congress to protect the interests of the American people,” said Senator Whitehouse. “The Supreme Court Review Act would put guardrails on these rogue decisions and return policymaking power back to where the Constitution delegated it: in the hands of the people and their elected representatives.” The Supreme Court continues to erode longstanding constitutional protections and interpret the law in ways that are out of step with congressional intent and will of the American people. Congress can respond to these cases by clarifying federal law or creating new statutory protections, but cumbersome Senate procedure has undermined Congress’s ability to react quickly. Cortez Masto and Whitehouse’s Supreme Court Review Act would make clear that the constitutionally delegated power to make policy remains with Congress, not the Court. The bill would create streamlined procedures through which Congress can exercise its existing power to amend statutes or create federal statutory rights following a Supreme Court decision. Specifically, the bill would: Codify a process for passing new laws in response to Supreme Court decisions that interpret federal statutes or roll back constitutional rights; Expedite procedures for the Senate to pass these laws by a simple majority; Limit the process to recent Court rulings and exclude non-germane changes to federal law to prevent abuse; and Ensure that members of the minority party in the Senate have an opportunity to propose alternative updates to the law. In addition to Cortez Masto and Whitehouse, Supreme Court Review Act is cosponsored by Senators Mazie Hirono (D-Hawaii), Richard Blumenthal (D-Conn.), Alex Padilla (D-Calif.), Ron Wyden (D-Ore.) and Elizabeth Warren (D-Mass.). The legislation is endorsed by Public Citizen, People for the American Way, Fix the Court, Project on Government Oversight, Common Cause, Citizens for Responsibility and Ethics in Washington (CREW), and the Center for Biological Diversity. “The Supreme Court has grown increasingly out-of-touch with the norms and values of the American public. The Court today has its lowest public approval rating in history. The SCOTUS Review Act provides a sorely-needed expedited congressional review process of controversial Court decisions, giving Congress a chance to respond to rulings that fail to protect the public’s interest. Public Citizen heartily endorses this reasonable oversight measure,” said Craig Holman, Ph.D., of Public Citizen. “We all learned in civics class that the branches of the government are meant to be in conversation with one another. But that give-and-take has largely come to a halt this past decade, as the once prevalent practice of congressional override has all but disappeared. With their legislation, Sens. Whitehouse and Cortez Masto are reasserting Congress’ role as the prime interpreter of the Constitution, able to fix statutory holdings that miss the mark with greater ease. I am grateful for their initiative and for their efforts to establish a new era of popular constitutionalism,” said Gabe Roth, Executive Director of Fix the Court. “In recent years, the Supreme Court has narrowed and eroded longstanding statutory and constitutional protections, defying the understanding and intent of democratically-elected leaders in Congress,” said Debra Perlin, Vice President for Policy at CREW. “The Supreme Court Review Act would give Congress the tools to promptly respond to harmful or erroneous Supreme Court decisions that affect the lives of everyday Americans. CREW is proud to endorse this important legislation that would allow Congress to effectuate its intent and reassert its Article I powers.” Senator Cortez Masto has consistently stood up to the rogue Supreme Court. Since the overturn of Roe v. Wade , she has consistently fought to protect women’s right to choose. Cortez Masto has pushed back against the Supreme Court’s recent egregious decisions, including its decision to allow the Trump Administration to revoke Temporary Protected Status for Haitian and Syrian immigrants and its decision to permit ICE to use racial profiling while enacting President Trump’s mass deportation agenda. ###