Speaker Johnson Wants To Get Rid Of Federal Courts

Just a quick diary to note that on Tuesday, Speaker Johnson proposed eliminating at least some federal courts:

“We do have the authority over the federal courts, as you know. We can eliminate an entire district court. We have power of funding over the courts and all these other things,” Johnson told reporters on Tuesday. “But desperate times call for desperate measures, and Congress is going to act.”

The comments came after Trump and Trump’s allies have called for the impeachment of several judges who have ruled against Trump.

Congress does have the power to ordain and establish — which would include the power to de-ordain and de-establish — certain federal courts. Congress has done this before as in the elimination in 1913 of the then-existing Commerce Court, and in 1982 when it eliminated the Court of Claims and U.S. Court of Customs and Patent Appeals (both Article III courts).

The Judiciary needs to step up to protect its power by aggressively going after administration attorneys and officials for contempt of court for ignoring court orders. At the same time, Democrats will need to aggressively defend federal courts’ funding.