Once upon a time, law professors and political scientists assumed that the Supreme Court was, as a practical matter, the final word on matters of statutory interpretation. Although Congress as a formal matter could alter a judicial construction with a statutory amendment, the conventional wisdom was that it rarely did so. In 1991, that conventional wisdom was shattered by one of our's empirical study demonstrating that congressional overrides of Supreme Court statutory interpretation decisions blossomed in the period between 1967 and 1990. Later that year, Congress enacted the Civil Rights Act (CRA) of 1991, overriding as many as twelve Supreme Court decisions that had significantly cut back on workplace antidiscrimination protections.
Date of Authorship for this Version
Eskridge, William N., "Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967-2011" (2014). Faculty Scholarship Series. Paper 4888.