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The Extension Clause And The Supreme Court's Jurisdictional Independence, Alex Glashausser

Alex Glashausser

This Article challenges the prevailing doctrinal, political, and academic view that the Extension Clause—which provides that “[t]he judicial Power shall extend” to nine types of cases and controversies—justifies legislative attempts to strip the Supreme Court of appellate jurisdiction. Legislators have repeatedly introduced bills seeking to prevent the Court from hearing cases on politically charged topics such as marriage, religion, and abortion. Scholars have relied on the Extension Clause to advance three arguments in support of such jurisdiction-stripping: (1) that “judicial Power” is not jurisdiction, and thus jurisdiction is not constitutionally protected; (2) that “shall” is not mandatory, and thus the …