The article explores the concept of a "unitary judicial power" for the Supreme Court based on the constitutional establishment of "one Supreme court." It argues that similar to how "a President" in Article II is interpreted as having strong and unreviewable authority under the unitary executive theory, "one Supreme court" in Article III might also imply significant inherent powers. The author suggests this could include absolute authority over its docket, funding, and jurisdictional statutes. While acknowledging that this idea may seem radical, the article posits it as a potential area for scholarly and judicial development, inspired by the historical trajectory of unitary executive theory.
Read the full article at SCOTUSblog
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