16 Statutory Interpretation. The cases overturned were not necessarily judicial misinterpretations of congressional intent. In a large number of instances, however, Congress believed the judicial decisions it was overturning were incorrect interpretations. 18 A study by Professor Eskridge found that in the period 1967-1990 Congress overturned 124 Supreme Court and 220 lower court decisions interpreting Federal law. The Civil Rights Act of 1991 alone overrode nine Supreme Court decisions that had narrowed previous interpretations of law.
Many reasons contribute to the great increase in case overturnings.
Congress, through staff, outside interests, and other means, is now more aware of decisions than it has been in the past. The political situation in the country has played a major causative role in this. The division of Congress and the President between parties means that the justices and judges who are appointed represent a different philosophy than is represented in Congress. Many decisions in and of themselves exacerbate differences between the courts and Congress. Whether the return to control of both the Presidency and Congress by one party will lead to a decline in interpretive disagreements between Congress and the courts, especially as new judicial nominees assume the bench, will determine whether the conflict is largely political or whether it reflects a deeper division between the two branches.