This Article is part of a colloquy between Professor Michael J. Gerhardt and Professor Martin Redish about the constitutionality of court-stripping measures. Court-stripping measures are laws restricting federal court jurisdiction over particular subject matters. In particular, the authors discuss the constitutionality of the Marriage Protection Act of 2004. Professor Gerhardt argues that the Act is unconstitutional and threatens to destroy the principles of separation of powers, federalism and due process. It prevents Supreme Court review of Congressional action and hinders the uniformity and finality of constitutional law. Furthermore, the Act violates the equal protection component of the Fifth Amendment Due Process Clause as it burdens a suspect class (gays and lesbians) by restricting their access to the federal courts.
9 Lewis & Clark Law Review 347-362 (2005)
Gerhardt, Michael J., "The Constitutional Limits to Court-Stripping" (2005). Faculty Publications. 995.