Did Congress overturn a judicial decision, in violation of separation of powers?
The law provided access to another judicial form a federal court. The Congress conferred jurisdiction on a federal court to hear certain constitutional and federal statutory claims. Its simply wrong to say that this Act violated the separation of powers between the legislature and the judiciary. Congress has always had, and frequently exercised, the authority to specify the jurisdiction of the federal courts. Did Congress interfere with states rights? When federal rights are at stake, rights protected by the Constitution or by federal law, Congress frequently gives the federal courts jurisdiction to review state court judgments or to remove cases from state courts altogether. Section 1443 of Title 28 of the United States Code provides that civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States whenever the defendant is denied or cannot enforce in the courts of such State a right under any law providi
