An Analysis of Policy‐Based Congressional Responses to the U . S . Supreme Court's Constitutional Decisions

W hile C ongress can attempt to overrule constitutional decisions of the S upreme C ourt by initiating the constitutional amendment process, an amendment is rarely a practicable option. Instead, C ongress regularly tries to modify the impact of constitutional decisions with ordinary legislation. I analyze policy‐based responses to the S upreme C ourt's constitutional decisions that were initiated in C ongress between 1995 and 2010. For each responsive proposal, I consider the relationship between the proposed legislation and the C ourt's legal holding and the relationship between the proposal and the public policy associated with the C ourt's decision. I find that C ongress enjoys considerable success in reversing the policy impacts of the C ourt's decisions but is limited in its ability to overcome the C ourt's legal rules.