3. But, beyond that, let’s say that the bill is passed, and the court agrees to go along with it, deciding not to cite those cases as precedent. The justices would still be able to rely on the reasoning of the cases and would still be free to readopt that reasoning. So since there are still at least five votes on the court for the majority position in NFIB and King (and would be five votes for it in Hobby Lobby, if Justice Antonin Scalia’s replacement shares his views in that case), the bill would essentially have no effect, at least until one of the liberals or Chief Justice John Roberts retires.
Now I realize that the bill is likely intended as political theater, and not as something that’s actually likely to be enacted into law. But it seems like pretty poor theater.
Finally, and non-substantively: “precedence” was indeed once synonymous with “precedent,” but, according to the Oxford English Dictionary, not since Shakespeare’s time.
UPDATE: How embarrassing — I inadvertently attributed this to Peter King (R-NY), rather than to Steve King (R-Iowa). My apologies to Rep. Peter King; I’ve corrected the post accordingly.