Just in case no one caught this, the latest appeal denial angrily states that Congress sought to actually assert control over the judiciary branch. In other words, this was basically an attempt at a judicial coup, an intentional subversion of the Constitution itself.
... Because these provisions constitute legislative dictation of how a federal court should excercise its judicial functions (known as a "rule of decision"), the Act invades the province of the judiciary and violates the separation of powers principle. [...] By aggrogating vital judicial functions to itself in the passage of the provisions of Section 2 of the Act, Congress violated core constitutional separation principles, it prescribed a "rule of decision" and acted unconstitutionally. [...] when the fervor of political passions moves the Executive and the Legislative branches to act in ways inimical to basic constitutional principles, it is the duty of the judiciary to intervene. If sacrifices to the independence of the judiciary are permitted today, precedent is established to the constitutional transgressions of tomorrow.
Emphasis theirs. It also includes some withering commentary about the hypocrisy of Congress's "activist judges" rhetoric. For anyone interested in blistering judicial opinions, read the opinion (pdf). The language is classic and timeless.
Update: NY Times has coverage on this issue.
Posted by tunesmith at March 31, 2005 02:04 AM
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Thanks for noticing this. I fairly whooped when I saw "unconstitutional" at the top of this decision.
Posted by: Thomas Nephew at April 1, 2005 09:01 PM