I know that this blog is normally West Coast-oriented, but today I want to focus on something more nationwide: The TikTok ban. But we’re not going to be discussing the merits of the ban; we’re going to be talking about something way more interesting. Specifically, we’re going to talk about the fact that the recent lawsuit challenging the ban was filed directly at the D.C.
> If this is the case, then maybe Congress would even have granted the Supreme Court original jurisdiction if it could have done so (but, as the Supreme Court famously held in Marbury v. Madison, Congress may not alter the original jurisdiction of the Supreme Court).
The Constitution says that the Supreme Court has original jurisdiction over "all Cases affecting Ambassadors, other public Ministers and Consuls". The word is "affecting" is capacious. The dispute here is between a foreign controlled enterprise and the U.S. attorney general. There is at least a colorable argument that this dispute falls within this broad language. If Congress had included a cause of action in the Supreme Court, it might have survived judicial review.
Of course, for the timetable reasons you identify, Congress wouldn't want a jurisdictional ancillery dispute over venue to occur (and potentially invalidate the act).
> If this is the case, then maybe Congress would even have granted the Supreme Court original jurisdiction if it could have done so (but, as the Supreme Court famously held in Marbury v. Madison, Congress may not alter the original jurisdiction of the Supreme Court).
The Constitution says that the Supreme Court has original jurisdiction over "all Cases affecting Ambassadors, other public Ministers and Consuls". The word is "affecting" is capacious. The dispute here is between a foreign controlled enterprise and the U.S. attorney general. There is at least a colorable argument that this dispute falls within this broad language. If Congress had included a cause of action in the Supreme Court, it might have survived judicial review.
Of course, for the timetable reasons you identify, Congress wouldn't want a jurisdictional ancillery dispute over venue to occur (and potentially invalidate the act).