More on Congressional Overrides of #SCOTUS Statutory Decisions

In 2012, I wrote a paper, End of the Dialogue: Political Polarization, the Supreme Court and Congress. Using Bill Eskridge’s methodology, I updated his pathbreaking 1991 study on congressional overrides.

Professor Eskridge and his co-author, Matt Christiansen did a new study of overrides, Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 19672011, 92 TEXAS L. REV. 1317 (2014). It is a long and important piece, but it took issue with some aspects of my 2012 study.

Jim Buatti (my research assistant on the 2012 paper) and I have now written a response to the critique, Conscious Congressional Overriding of the Supreme Court, Gridlock, and Partisan Politics, for the Texas Law Review See Also, and Eskridge, Christiansen and Sam N. Thypin-Bermeo have written a reply, The Conscious Congress: How Not to Define Overrides.

I hope you find the dialogue of interest.

Share this: