[Wallace T.]

I agree that Congress has the power to create a law that is exempt from judicial review. But when has Congress exercised this right? I cannot think of an instance. Even assuming Boehner, McConnell, and the congressional GOP developed a spine and drafted legislation restraining judicial authority over marriage, Senate Democrats, along with some RINOs, would filibuster it even if a Republican were in the White House in 2017.

The Article V convention effectively bypasses the current Federal structure. Granted, this method was never used, but it is available if state level Republicans and the few pro-life Democrats that may still be around in places like Pennsylvania and Kentucky act quickly.

[itsahoot]

But when has Congress exercised this right? I cannot think of an instance.

I think the last time was when Tom Daschel needed some EPA regs ignored for some property he had. Bob Dornan before he was sacrificed, claimed that Congress had written laws that were not subject to Judicial Review some 120 times.