This is not correct. There is no appeal and no override of a supreme court decision, except possibly via a reversal by a subsequent supreme court.
The Congress has the option of removing federal judges. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior. If a federal judge refuses to rule in accord with the Constitution the Congress may remove him, and he can be replaced with one that will.
Yes, you have correctly quoted the Constitution. Congress can, indeed, remove supreme court justices via impeachment if the justices demonstrate they are not on 'good behavior' (wnatever that is).
However, that was not the question at hand. Congress cannot overturn a supreme court ruling, and removing one or more justices via impeachment AFTER a particular ruling will not change that fact.
By the way, how many United States supreme court justices have been impeached and removed from the court in our nations history?
posted on 04/04/2012 8:11:03 AM PDT
(Comments now include 25% more sarcasm for no additional charge...)
If you can find an argument, from our founders or more modern, that “good behavior” means agreeing with the Congress and/or the President on the Constitutionality of a law - please present it.
Impeachment in our Constitutional system is not designed to remove those whose decisions or votes or policies are unpopular with a majority of Congress.
posted on 04/04/2012 8:43:08 AM PDT
(Tea Party did not send GOP to DC to negotiate the terms of our surrender to socialism)
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