As the right wing continues to rail against same-sex marriage and the federal courts that have ruled in favor of it, David Barton says it’s trivially easy for Congress to put a stop to it. They can just strip their jurisdiction to hear such cases or disband the courts entirely.
Responding to a question from a listener on what steps Congress can take to rein in the judiciary on this issue, Barton declared that Congress has several options: it can pass a law declaring that federal courts cannot hear gay marriage cases, it can pass a law that says that no federal money can ever be used to enforce a ruling from the Supreme Court in favor of gay marriage, or it can simply abolish any court, outside of the Supreme Court, that issues any ruling for gay marriage.
“All Congress has to do,” he said, “is pass a law saying, ‘you know, we saw the Northern District of Georgia struck down the marriage law; we’re abolishing the Norther District of Georgia court. It doesn’t exist any more.'”
The reason that Congress hasn’t already taken such steps, Barton explained, is because members of Congress are products of “our government education system” and therefore never learned this … which is why he is being brought to Washington, D.C., to teach it to them.“I was at a conference recently where I was speaking on judicial myths,” he said, “and I just quoted from the Founding Fathers and the Constitution and quoted from the Founders’ own writings and congressmen said ‘we never heard that’ and so they’ve asked me to come to D.C. and do a training for them on ways to limit judicial activism”
Technically, he’s correct. Congress does have the power to strip the federal courts of jurisdiction to hear such cases and they do have the power to disband any court they’d like other than the Supreme Court. But in the real world, a place Barton doesn’t like to visit because reality scares the hell out of him, that simply is not going to happen. Even if they had the votes in Congress to do it, and they don’t, it still wouldn’t happen. This is a fantasy.