Congressional End-Run: The Ignored Constraint On Judicial Review,
2010
University of Louisville School of Law
Congressional End-Run: The Ignored Constraint On Judicial Review, Luke M. Milligan
Georgia Law Review
This Article identifies an untended connection between
the research of legal academics and political scientists. It
explains how recent developments in constitutional theory,
when read in good light, expose a gap in the judicial
politics literature on Supreme Court decision making. The
gap is the "congressional end-run."
End-runs occur when Congress mitigates the policy cost
of adverse judicial review through neither formal limits on
the Court's autonomy nor substitution of its constitutional
interpretationfor that of the Court, but through a different
decision which cannot, as a practical if not legal matter,
be invalidated by the Court. End-runs come in several …
