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The other day on the main podcast (episode 265 for those playing along at home), I argued in favor of what I consider to be the most realistic strategy to undo the damage wrought by Obergefell v. Hodges; namely, jurisdiction-stripping legislation. The proposal generated a fair amount of interest among the Ricochetti, and now I have expanded on the idea over at National Review.
I encourage you to read the whole thing, but here’s the basic idea. Congress should abolish the jurisdiction of the Supreme Court — and all federal courts — over cases involving state laws defining marriage. The result would be that states would immediately be free to reinstate laws defining marriage in the traditional manner, if they so wish. Same-sex marriage advocates would be free to challenge those laws, but they would do so in state court, and the final judicial decision would rest with the Supreme Court of each state.
Can Congress do that? Yes. Under Article III of the Constitution, the appellate jurisdiction of federal courts (including the Supreme Court) is entirely subject to congressional regulation. In fact, the very existence of every federal court (except the Supreme Court) is a matter of congressional discretion. Over the years, Congress has expanded and contracted federal appellate jurisdiction in various ways.