Despite various possible interpretations of the exceptions and regulations clause, certain dicta by the Supreme Court admit to plenary congressional control of the Court's appellate jurisdiction. Nevertheless, Congress' reluctance to exercise such power has prevented a direct holding which might take cognizance of limitations on the power to eviscerate appellate review. If passed into law, the recent Dirksen bill, limiting Supreme Court jurisdiction to review both federal jury and state court determinations of obscenity, may well precipitate such a decision. This comment intends to explore the limitations which may be placed upon congressional action based on the exceptions and regulations clause, particularly as that action is related to the review the Court has exercised and the tests it has sought to formulate to afford maximum first amendment protection in the area of obscenity.
Removal of Supreme Court Appellate Jurisdiction: A Weapon Against Obscenity?,
1969 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol18/iss2/4