Congress Takes Constitutional Action To Avoid Unpredictable Supreme Court

It seems that both the majority and minority leadership in the Senate, along with their counterparts in the House, is concerned about the current makeup of the Supreme Court — especially the unpredictable nature of Justice Kennedy - and the uncertainty as to what the future holds in store in terms of possible appointments by the next President.  To address this issue they chose to insert language into the FISA legislation which states that for the next five years, any litigation involving two or more states shall be submitted to Congress rather than the judiciary, and the outcome of the dispute will be determined by a vote of both houses, with the congressional delegations of each state involved in the dispute disqualified from voting.  The disposition of the dispute as established by the vote must also be agreed to by the President for it to be binding on the states involved.

This constitutional move was inserted into the FISA legislation at the last minute.  Most likely to avoid having the Supreme Court decide the gay marriage issue.

While this might ensure some stability for the short term on this issue, does this action remove an arrow from McCain's quill as the election approaches?  I don't think so.  I think the courts will remain a big issue for both sides.
DKK
Patterico --Apparently, there was a curious little provision tucked away into the FISA legislation that went unnoticed before the bill was signed yesterday by President Bush.