re: #246 sffilk

The question of whether Congress could strip the federal courts of jurisdiction over cases involving rights that have been held to be fundamental is interesting to me. The Due Process clauses of the Fifth and Fourteenth Amendments might trump Congress’ authority to limit federal court jurisdiction. But, even if litigants don’t have access to the federal court, they can still go to state court. So, even if Congress did strip the federal courts of jurisdiction over some types of case involving fundamental rights, the right could still be protected. I think you would have to assume that the state court would uphold the law.