Rein in Judicial Review, Issa Suggests in Shot at Marbury (1)

Rep. Darrell Issa targeted Marbury v. Madison in remarks at a Federalist Society conference, saying it’s time to consider whether to “rein in” the 1803 decision at the core of judicial power.

“Everyone learns it, and everyone assumes it’s a postulate,” Issa (R-Calif.) said Saturday in keynote remarks at the conservative legal organization’s western chapters conference. “Okay, but we all thought Chevron deference was a postulate too, until it wasn’t.”

The landmark decision established the fundamental doctrine of judicial review, under which the judiciary can declare executive or legislative acts unconstitutional.

Issa’s remarks come as he is attempting to narrow ...