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Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967-2011

By William N. Eskridge

Abstract

Once upon a time, law professors and political scientists assumed that the Supreme Court was, as a practical matter, the final word on matters of statutory interpretation. Although Congress as a formal matter could alter a judicial construction with a statutory amendment, the conventional wisdom was that it rarely did so. In 1991, that conventional wisdom was shattered by one of our\u27s empirical study demonstrating that congressional overrides of Supreme Court statutory interpretation decisions blossomed in the period between 1967 and 1990. Later that year, Congress enacted the Civil Rights Act (CRA) of 1991, overriding as many as twelve Supreme Court decisions that had significantly cut back on workplace antidiscrimination protections

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2014
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-5895
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