Michael Ellement · July 2016
84 Geo. Wash. L. Rev. Arguendo 116
Congress is at a standstill—increasingly unable to agree on, or even debate, new legislation widely supported by the American public. This Essay explores congressional gridlock and its effect on the Supreme Court. It reviews recent decisions involving federal legislation, as well as statements by the Justices on congressional inaction. The Essay concludes that Congress’s intransigence presents serious separation of powers concerns. Namely, an ineffectual Congress may lead to the Supreme Court accounting for congressional ineffectiveness in its decisions. This takes the Court beyond its judicial function, and encroaches on legislative authority.
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