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Congressional Statutory Responses to Supreme Court Precedent: Comparing the Breadth and Potency of Statutes Invalidated by the Rehnquist Court and Analogous Statutes Subsequently Repassed by Congress

Goldberger, Justin NathanielVirginia Tech2016

Many people assume that when the U.S. Supreme Court invalidates a federal statute as unconstitutional, the Court's decision establishes binding precedent that narrows the U.S. Congress's available options. This thesis examines whether Congress has in practice been able to effectively circumvent …

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