Speaker Mike Johnson (R-La.) on Tuesday focused on Congress’s authority over the federal judiciary as Republicans seek a legislative response to district judges who have obstructed the Trump administration’s policies.
“We have jurisdiction over federal courts,” Johnson stated at a press briefing on Tuesday. “We can eliminate the entire district court. We possess the power to regulate the courts and the budget associated with these matters. However, in difficult times, we are exploring desperate measures while Congress attempts to take action.”
Johnson clarified that he is not advocating for the court’s elimination, but rather aims to outline the extensive powers of Congress. Punchbowl News reported.
Article 3 of the Constitution specifically grants authority to the Supreme Court and the lower courts as “occasionally ordained and established by the Congress.” The architecture of the district court system and its financing will be determined by the legislature.
The speaker’s remarks come in response to President Trump targeting at least one district judge, James Boasberg, for criticism. Several House Republicans have proposed a perpetual article against Boasberg and other district judges who issued national injunctions against Trump’s policies.
However, the proposed article is viewed as a nearly futile endeavor, with at least 14 Senate Democrats aligning with Republicans in the move to convict and remove judges. Johnson has not excluded the possibility of the bullet article but indicated he would address the issue before the House Judiciary Committee.
In the meantime, Republicans are strategizing other approaches to counter judges who have issued these rulings. The House is expected to vote on the No Rogue Judgment Act next week. The NoRogue ruling legislation, spearheaded by Darrell Issa (R-Calif.), aims to restrict the authority of the nearly 700 district judges in the nation that issue national injunctions.
Johnson described the legislative change as a “major enhancement” to the federal judicial system, referencing a historic increase in district judges issuing national injunctions “beyond the norm.”
“It’s a perilous trend that undermines justice under the law. It represents a vital principle. It compromises our judicial system itself. If a judge believes they can thwart what the president is executing or what the electorate has decided, it disrupts the separation of powers. It is not in line with the founders’ intentions. “Thus, a natural tension exists among the branches of government, and we navigate through it.”
Johnson remarked that further legislation may be forthcoming to alleviate Republican concerns regarding the judiciary.
The House Judiciary Committee is also scheduled to convene a hearing next week—likely on Tuesday, as panel chair Jim Jordan (R-Ohio) stated—to investigate further matters Republicans label as “abuses” by judicial authorities.
