Over the past years, many law professors and other academics have undertaken the daunting task of coding the number of congressional overrides of Supreme Court decisions concerning statutory interpretation. In this article, Professors Christiansen and Eskridge present the results from their most recent empirical study identifying these overrides. Using improved methodologies and a better understanding of the inner workings of Congress, Christiansen and Eskridge have worked to identify every statutory override that has been passed in Congress since 1967. Based on this data, they analyze the relationship between the Supreme Court and Congress while also identifying several patterns inherent in the data. Christiansen and Eskridge identify several factors that increase the chance that Congress will override a decision of the Supreme Court. Finally, they consider several normative issues and present suggestions for the institutions that create and elaborate upon policy in the United States.
Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967–2011
- August 3, 2015