[20180315]LSB10100_管辖权剥离：国会什么时候可以禁止法院审理案件？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Jurisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case? March 15, 2018 The U.S. Supreme Court recently issued its decision in Patchak v. Zinke, a case implicating a host of difficult legal issues concerning the respective powers of Congress and the judiciary. Patchak ultimately upheld the Gun Lake Trust Land Reaffirmation Act (Gun Lake Act) against a separation-of-powers challenge. However, because a majority of the Court could not agree on the legal basis for its decision, Patchaks ultimate meaning with respect to Congresss power over the courts remains uncertain. The various opinions in Patchak signal sharp divisions on the Court concerning the scope of Congresss power to “strip” the jurisdiction of federal courts. Whereas at least four Justices appear to view that power as being “plenary” in nature, at least four other Justices embrace a more restricted view of Congresss authority. Patchak also implicates several other important issues related to the law of federal courts, including whether a particular law alters a courts jurisdiction, as well as what Congress mu