Contendahh posted:direstraits posted:Contendahh posted:direstraits posted:Yes, the law states that SCOTUS has 9 justices. However, like the president deciding which laws to enforce, there is no method to force the Senate to so. Can't imagine a judge ordering the Senate to do so. While a judge has a life time term and his pay can't be cut, his court is solely the creation of congress Imagine waking up and finding your new court is in Nome.
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Yes, the Congress has authority to "ordain and establish" the "inferior courts" (Constitution at Article III, par. 1) from which, theoretically, a judge might be found who would issue such an order to the Senate. But the notion that any such judge's decision, having irritated the sensitivities of contrary members of Congress, could result in his exile to Nome or any other dreary outpost, is fatuous. Should some dingbat legislator be found who would introduce such an absurd proposal, I have enough residual confidence in even the current disordered Congress to believe that such a vengeful measure would surely fail.
If, any federal judge had the temerity to order congress to perform such an action, he would face the fury of the entire body, all parties. When judges order the federal government to make a civil judgment, they do so from a special appropriation set aside for that. Federal judges are notorious for ordering states to pay up -- without worrying how the state will cover it. (Alabama faces such a judgment for its prison system, if something isn't done soon). However, those same judges would never make such a judgment against congress -- knowing full well that appropriations are solely the business of congress. Just as are how it rules on SCOTUS and the existence of the lower courts.
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The "action" of an "inferior" federal judge, in ordering the Congress to perform a duty, need not entail the paying of a "civil judgment" from any appropriation.
The action would be a mandamus action, not a monetary award.
The authority of the Congress to "rule on SCOTUS" is strictly limited by the Constitution as I described above.
First, no inferior court would send a writ as its existence depends upon Congress. Nor, does an instrumentality exist to force congress to obey the writ. Do you imagine a shotout between a court baliff and Capital police. The Supreme court ordered President Jackson to cease sending eastern Indian tribes west -- that wasn't enforced, either.