[Yo-Yo]

Could courts become persuaded that judicial exceptions to statutes are now disfavored by the Supreme Court as being outside the authority of the Judiciary?

HA, BLOODY HA! Judicial exceptions to statutes are the bread and butter of the Federal Activist Judiciary, going as far back as the school desegregation/mandatory busing cases of the 1970s.

[Jagermonster]

Could courts become persuaded that judicial exceptions to statutes are now disfavored by the Supreme Court as being outside the authority of the Judiciary?

HA, BLOODY HA! Judicial exceptions to statutes are the bread and butter of the Federal Activist Judiciary, going as far back as the school desegregation/mandatory busing cases of the 1970s.

And yet, that's just what the recent Supreme Court opinion in Henry Schein, Inc. v. Archer & White Sales, Inc. did. In determining whether or not there was a judicial "wholly groundless" exception to the Federal Arbitration Act, the Court stated: "The Act does not contain a “wholly groundless” exception, and we are not at liberty to rewrite the statute passed by Congress and signed by the President." No. 17-1272, Slip Op. at 2 (Jan. 8, 2019) (emphasis added). This is Justice Kavanaugh writing for a unanimous Supreme Court.

There may be some small glimmer of hope on doing away with unlawful "judicial exceptions."