Michelle Wu: “I want to concede to my colleagues who argue for the constitutionality of the subject legislation that it is…”

“I want to concede to my colleagues who argue for the constitutionality of the subject legislation that it is constitutional. This Congress can strip the Supreme Court of much of its jurisdiction, can abolish all appellate courts, and can abolish all district courts, but just because we can do something does not mean that we should do it. We have heard much about arrogant activist judges. What have arrogant activist judges done? In 1954 they revoked the reprehensible doctrine of separate but equal in Brown v. Board of Education. In 1964 they reestablished the principle of one-person/one-vote in Reynolds v. Sims. In 1967 they respected the sanctity of all marriages, even those across ethnic lines. Because we can do something does not mean we should. Let us today not hang out the sign on the Federal courthouse door, ``Some Americans Need Not Apply.''”