Today in Supreme Court History: October 7, 1982

10/7/1982: I.N.S. v. Chadha was argued.

Comments

[JoeFromtheBronx]

Then Judge Anthony Kennedy wrote the opinion below.

Meanwhile, "On this day in 1935, the Supreme Court moved into its current home on First Street in Washington, D.C."

https://blogs.kentlaw.iit.edu/iscotus/2952-2/

The Supreme Court being in its own building, as compared to sharing space with Congress, is a notable symbol of its independence and power as a separate branch of government.

[SMP0328]

I think if Chadha had been argued today, it would come out the other way. Chadha struck down the legislative veto based on a textualist reading of the Presentment Clause, dismissing the dissent's reference to its use since the First Congress. The current SCOTUS routinely applies a history-based reading of various parts of the Constitution and so likely would rule as the Chadha dissenters had advocated.

[David Nieporent]

Based on the lodestar of today's Court — what gives Donald Trump the most power? — it would probably come out the same way.

[Area Man]

Scalia once explained that historical practice (i.e., tradition) is a useful tool in understanding the Constitution’s original meaning. But such historical practices could never override the Constitution’s text when its original meaning is clear. Maybe that wouldn’t be the end of it for the current Court, as you theorize. But I wouldn’t be surprised if it too was skeptical of the legislative veto.

[JoeFromtheBronx]

The Supreme Court’s “routine” usage of history and tradition is selective. It is questionable that they would rule differently, especially with textual arguments to stop that.

Antonin Scalia questioned the constitutionality and overall value of the legislative veto in 1979:

https://www.cato.org/sites/cato.org/files/serials/files/regulation/1979/12/v3n6-4.pdf