Speaker Mike Johnson Proposes Eliminating Federal Courts Amid Judicial Tensions
Washington D.C., Wednesday, 26 March 2025.
Speaker Mike Johnson suggests eliminating federal courts to address perceived bias against Trump, highlighting Congress’s authority over the judiciary. The move could reshape the U.S. legal landscape.
Unprecedented Proposal Sparks Constitutional Debate
In a significant escalation of tensions between Congress and the judiciary, Speaker Mike Johnson (R-La.) announced on March 25, 2025, that Congress could potentially eliminate entire district courts [1][2]. Johnson’s statement, ‘We do have the authority over the federal courts… We can eliminate an entire district court,’ came in direct response to recent court decisions blocking Trump administration actions [2]. This dramatic proposition represents a notable departure from traditional approaches to judicial oversight [GPT].
Legal Background and Congressional Authority
While Congress does possess constitutional authority to establish and modify federal courts [2], such power has been exercised sparingly throughout American history. Historical precedent exists for court elimination, with Congress having previously abolished the Commerce Court in 1913 and reorganized the Article III Court of Claims and U.S. Court of Customs and Patent Appeals in 1982 [1]. The immediate catalyst for this proposal was U.S. District Judge James Boasberg’s recent ruling blocking expedited deportations under the Alien Enemies Act [4].
Republican Strategy and Opposition
House Judiciary Chairman Jim Jordan (R-Ohio) has announced plans for a hearing focused on judicial oversight, scheduled for March 31, 2025 [2]. The GOP strategy includes potential ‘legislative remedies’ through the appropriations process [1]. However, Democratic opposition has been swift and forceful, with Rep. Jamie Raskin (D-Md.) characterizing these threats as ‘an act of outlaw tyranny, not constitutional government’ [5]. The proposal faces significant hurdles, requiring support from at least 14 Senate Democrats for implementation [2].
Immediate Legislative Actions
A concrete legislative response is already in motion, with the House scheduled to vote on the No Rogue Rulings Act on April 1, 2025 [2]. This legislation aims to restrict district judges’ authority to issue nationwide injunctions. The rise in such injunctions has been characterized by Speaker Johnson as ‘a dangerous trend’ that ‘violates justice under law’ [2]. Republican lawmakers have filed articles of impeachment against specific judges, though these efforts appear unlikely to succeed given the current political landscape [5].