W&L Law’s Trammell Publishes Article in the Columbia Law Review Professor Alan Trammell published "The False Promise of Jurisdiction Stripping."

By Law Communications
November 27, 2023

Washington and Lee law professor Alan Trammell has published an article in the Columbia Law Review. The article, “The False Promise of Jurisdiction Stripping,” coauthored with Dan Epps of Washington University in St. Louis, examines the practice of stripping federal courts of jurisdiction over some cases in order to prevent bad decisions and judicial second-guessing concerning congressional action.

“Whatever the scope of Congress’s Article III power to limit the jurisdiction of the Supreme Court and other federal courts, jurisdiction stripping is unlikely to succeed as a practical strategy. At least beyond the very short term, Congress cannot use it to effectuate policy in the face of judicial opposition. Its consequences are chaotic and unpredictable, courts have tools they can use to push back on jurisdiction strips if they desire, and the active participation of the judiciary is ultimately necessary for Congress to achieve many of its goals. Jurisdiction stripping will often accomplish nothing and sometimes will even exacerbate the very problems it purports to solve,” the authors write.

Earlier this year, Trammell presented the paper at the Yale/Stanford/Harvard Junior Faculty Forum. Participants in the prestigious forum for newer scholars are chosen by blind review.

The article is available online at the Columbia Law Review website.

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