Overriding Supreme Court Statutory Interpretation Decisions
Bibliographic Data
| ID | 23330640 |
|---|---|
| Authors | William N Eskridge (corresponding author) |
| Year | 1991 |
| Volume | 101 |
| Issue | 2 |
| Pages | 331 |
| Publication date | 1991-11-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Yale Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0044-0094 • E-ISSN: 1939-8611 |
| Publisher | JSTOR (PUBLISHER) |
| DOI | 10.2307/796805 |
| OpenAlex | W122741503 |
| Language | EN |
| Citations received | 117 |
As if to debunk the conventional wisdom, the 101st Congress busied itself with efforts to override numerous Supreme Court decisions construing federal statutes. Successful legislation overrode eight recent opinions interpreting federal statutes. Overturning an older decision, another law for the first time rejected a Supreme Court interpretation discriminating against bisexuals, gay men, and lesbians. Even abortive override efforts in the 101st Congress illustrated Congress' attention to the Court's statutory interpretation cases. Most prominent among the unsuccessful override efforts was the vetoed Civil Rights Act of 1990, which would have overturned nine recent decisions narrowly construing Title VII of the Civil Rights Act of 1964 and related statutes. A similar Civil Rights Act of 1991, however, was enacted into law by the 102d Congress.
Interpretation (philosophy) · Political science · Statutory interpretation · Statutory law · Supreme court · Supreme Court Decisions · American Constitutional Law and Politics · Law · Legal and Constitutional Studies · Legal Systems and Judicial Processes · Philosophy
Perils of Judicial Self-Government in Transitional Societies
O Supremo Tribunal Federal
O Statutory Reversal como possibilidade de interpretação dialética das Constituições Federais
Contenção Judicial
The Major Questions Doctrine
Las preferencias ideológicas y políticas judiciales
Congressional Attacks on Supreme Court Rulings Involving Unconstitutional State Laws
Culture And The Court
Veto Players. How Political Institutions Work
Judicial Review and Coordinate Construction of the Constitution
Measuring Political Preferences
Measuring Issue Salience
Inviting Congressional Action
The Supreme Court and Federal Administrative Agencies
Change, Continuity, and the Evolution of the Law
Common Law Bills of Rights as Dialogue between Courts and Legislatures
On the Struggle for Judicial Supremacy
Jurisprudential Regimes in Supreme Court Decision Making
Why Are Japanese Judges So Conservative in Politically Charged Cases
Congressional Decision Making and the Separation of Powers
The Judicial Common Space
Congress and the Politics of Problem Solving
Designing Federalism
Polarization
A positive theory of statutory interpretation
The Countermajoritarian Difficulty Revisited
The Judging Game
Diving into Yeshiva's talk practices
Judicial Guardians
Criticism from Below
The Supreme Court, the President, and Congress
A Separation-of-Powers Approach to the Supreme Court’s Shrinking Caseload
How the Supreme Court Alters Opinion Language to Evade Congressional Review
Ruling against the Executive in Amparo Cases
The Judicialization of (Separation of Powers) Politics
Evaluating Theories of Decision-making on the Peruvian Constitutional Tribunal
Representing Public Opinion
A Case for Supreme Court Term Limits? The Changing Ideological Relationship between Appointing Presidents and Supreme Court Justices
Preserving Institutional Power
The Strategic Analysis of Judicial Decisions
Placing the Ball in Congress’ Court
The Role of Constitutional Features in Judicial Review
Judicial Institutions, Independence, and the Separation of Powers
Communicating the Politics of the Law
The View of the Courts from the Hill
Reassessing the role of the independent judiciary in enforcing interest-group bargains
Strategies of Constitutional Scholarship
From Fundamental Law to Constitutional Politics– And Back
Covering Legal Mobilization
Reason for Hope? The Spotted Owl Injunctions and Policy Change
Public Choice and Judicial Review
When “Best Practices” Win, Employees Lose
(Re-)Setting the Scholarly Agenda on Transjudicial Communication
Of politics, self-preservation, and symbolism
Checking Presidential Detention Power in the War on Terror
An Informal and Limited Alliance”
Hybrid Constitutionalism
The Legislative Design of Judicial Review
Explaining the Overruling of U.S. Supreme Court Precedent
Do Political Preferences Change? A Longitudinal Study of U.S. Supreme Court Justices
Measuring Policy Content on the U.S. Supreme Court
Everyone’s Doing Congressional Historiography
The decisional logic of treaty regime-making
Supreme Court consensus and dissent
Supreme Court consensus and dissent
How institutions structure judicial behaviour
On the Relationship between Public Opinion and Decision Making in the U.S. Courts of Appeals
Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999
Explaining the Incidence and Timing of Congressional Responses to the U.S. Supreme Court
An Analysis of Policy-Based Congressional Responses to the U.S. Supreme Court's Constitutional Decisions
Political and constitutional overrides
The political foundations of judicial independence in the European Union
Keepers of the Covenant or Platonic Guardians? Decision Making on the U.S. Supreme Court
Choices in Context
Tweeting Advice and Consent
Judicial Independence and the Reality of Political Power
Jurisdiction Stripping
The Life of the Law
Checking the Federal Courts
Attention to Issues in a System of Separated Powers
Presidential Constraints on Supreme Court Decision-Making
Ducking Trouble
Nominating Commissions, Judicial Retention, and Forward-Looking Behavior on State Supreme Courts
Placing State Supreme Courts in State Politics
Not just about the ruling
The Institutional Foundations of Supreme Court Power in Britain's Representative Democracy
Law clerks as an instrument of court–government accommodation under autocracy
Toward a Strategic Revolution in Judicial Politics
Institutions, Interests, and Judicial Outcomes
Opportunity and Overrides
Congress, the Supreme Court, and the Flag
Designing Tests of the Supreme Court and the Separation of Powers
What Judges Want
Culture and Legal Policy Punctuation in the Supreme Court's Gender Discrimination Cases
Restraining the Court
Judicial Procedures as Instruments of Political Control
The Policymaking Role of State Supreme Courts in Education Policy
Modeling Supreme Court Strategic Decision Making
Pulling Punches
The political determinants of judicial dissent
| Unique citing works | 117 |
|---|---|
| Citations per year | 3,44 |
| Citation span | 1992 - 2026 (35) |
| Citation velocity | current |
| Highly cited | Yes |
| Citation types | Neutral: 97 |