Article III Inverted: The Supreme Court Surrenders to Inferior Court Supremacy.
We often think of the Supreme Court as the apex institution. The Constitution called for the creation of the Supreme Court, but inferior courts were left to Congress’s discretion. From early on in the Republic, it was understood that the Supreme Court, and not the lower courts, would have the final say on matters of national importance. Justice Jackson remarked “We are not final because we are infallible, but we are infallible only because we are final.” Yet, […]