"Some have argued that this legislation, if it were to become law, could be found unconstitutional. Prof. Eugene Volokh, who writes for the Washington Post and teaches at the UCLA School fo Law offered the following criticism:
“Congress can’t prescribe a rule of decision for courts (except by changing the law on which the decision was based)... Likewise, Congress can’t try to strip precedents of their precedential value (again, except by actually changing the law on which the precedents were based). Article III, section 2 gives Congress the power to limit courts’ jurisdiction, but not the power to constrain the courts’ reasoning.”"