House Speaker Mike Johnson asserts that Congress possesses the constitutional authority to eliminate federal district courts, suggesting a potential legislative response to recent judicial rulings that have blocked several Trump administration policies. Speaking to reporters on Tuesday, Johnson emphasizes that Article III of the U.S. Constitution grants Congress the power to “ordain and establish” lower federal courts, implying it can also restructure or dissolve them.
This assertion comes amid frustration from Republican lawmakers over federal judges issuing nationwide injunctions against actions taken by the Trump administration. Johnson describes such rulings as judicial overreach that threatens the constitutional balance of powers. He announces that the House Judiciary Committee will soon hold a hearing to investigate what he calls “systematic judicial obstruction” and to consider legislation to prevent district judges from imposing nationwide orders that affect executive branch decisions.
Historically, Congress has exercised its constitutional authority to eliminate federal courts, though it has done so sparingly. Notable examples include the abolishment of the Commerce Court in 1913 and the merging of the Court of Claims and the U.S. Court of Customs and Patent Appeals in 1982, resulting in the formation of the U.S. Court of Appeals for the Federal Circuit. These changes were primarily motivated by judicial restructuring, not political retaliation.
Johnson’s comments align with a broader push among some GOP lawmakers to curtail judicial powers that they believe have been used to undermine conservative policies. Proposals floated in recent months include limiting the geographic scope of judicial rulings, cutting funding to specific courts, and even pursuing impeachment for judges accused of political bias. However, these suggestions have divided Republicans. Senate Majority Leader John Thune and others in the Senate GOP have urged restraint, warning that drastic actions could erode judicial independence and the credibility of the justice system.
Democrats have condemned Johnson’s comments, accusing him of attempting to weaken a coequal branch of government for partisan gain. Senate Minority Leader Chuck Schumer says the suggestion amounts to an attack on the rule of law and warns that undermining the judiciary would threaten the checks and balances enshrined in the Constitution.
Legal scholars caution that while Congress does have constitutional authority over the lower federal courts, such actions are usually part of broader reforms and not retaliatory measures in response to unpopular rulings. They warn that politicizing the structure of the judiciary could create long-term damage to the principle of judicial independence.
The upcoming Judiciary Committee hearing is expected to bring further attention to the escalating tension between the legislative and judicial branches. The debate over Johnson’s remarks may become a defining flashpoint in how the Trump-aligned Congress addresses legal resistance to its agenda.
Sources:
- https://www.reuters.com/world/us/us-house-speaker-johnson-says-congress-can-eliminate-district-courts-2025-03-25/
- https://apnews.com/article/1019459fc9517231204b814fd6f36127
- https://www.wsj.com/politics/policy/trumps-call-to-impeach-judges-stalls-in-gop-led-congress-39780583
- https://www.theguardian.com/us-news/2025/mar/26/mike-johnson-congress-courts-trump
- https://www.youtube.com/watch?v=KIn6BHqLAXA
