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Congress·In Committee·S.Res. 108

Judicial Review: Senate Resolution on Court Authority

A resolution affirming the rule of law and the legitimacy of judicial review.

about 1 year ago·View on Congress.gov

Stalled

No legislative action in over 90 days.

Legislative Progress

Senate
House
President
Law

Key Points

  • Sen. Durbin and a group of Democratic senators introduced a resolution to remind the government that the executive branch must follow federal court decisions. This move comes after Vance and other officials suggested the administration might ignore certain court orders.
  • The resolution points to a famous 1803 Supreme Court case that established "judicial review." This principle gives federal courts the power to decide if a law or an action by the government violates the Constitution.
  • The senators warn that if the executive branch ignores the courts, it would lead to a "constitutional crisis." They argue that the Constitution requires the administration to follow all federal court rulings to keep the government's power in check.
  • Because this is a "simple resolution," it does not create a new law or require a signature. Instead, it serves as a formal statement from the Senate about the importance of the rule of law and the independence of the courts.

Milestones

2 milestones2 actions
Mar 5, 2025Senate

Referred to the Committee on the Judiciary. (text: CR S1583)

Mar 5, 2025

Introduced in Senate

Related Bills

1 bill

Source Information

Document Type

Congressional Bill

Official Title

A resolution affirming the rule of law and the legitimacy of judicial review.

Bill NumberSRES 108
Congress119th Congress
ChamberSenate
Latest ActionReferred to the Committee on the Judiciary. (text: CR S1583)

Sponsor

Cosponsors

(20)
D: 20

Analysis generated by AI. Always verify with official sources.