Federal Courts

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This panel will explore the vexing question of Congress's power to take cases away from the federal courts. When can Congress strip Article III courts of jurisdiction over cases they could otherwise hear? Under what circumstances can Congress vest jurisdiction over such cases in non-Article III tribunals? Panelists will address these issues generally and with particular reference to the Supreme Court's recent decisions in Oil States Energy Services v. Greene's Energy Group (regarding non-Article III tribunals) and Patchak v. Zinke (regarding jurisdiction-stripping). The panel will feature a lively conversation among the panelists rather than set speeches.