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Speaker Mike Johnson, R-La., suggested on Tuesday that Congress could move to eliminate certain federal courts as Republicans escalate their attacks on the judiciary over rulings against President Donald Trump.
“We do have the authority over the federal courts, as you know. We can eliminate an entire district court,” Johnson told reporters, emphasizing Congress’ constitutional power over lower courts. “Desperate times call for desperate measures, and Congress is going to act.”
His comments come as GOP hardliners push for the impeachment of judges who have ruled against Trump, particularly U.S. District Judge James Boasberg. Boasberg recently attempted to block Trump from using the Alien Enemies Act to deport Venezuelan migrants—a decision that has sparked outrage among Trump allies.
Republicans Target the Judiciary
House Judiciary Committee Chairman Jim Jordan, R-Ohio, is spearheading the GOP’s push against the courts. Jordan announced a hearing next week to scrutinize Boasberg and other district judges, calling for “legislative remedies.”
“We got money, spending, the appropriations process to help try to address some of this,” Jordan said, suggesting that GOP lawmakers might leverage federal funding to curb judicial decisions they oppose.
Such moves, however, are far from guaranteed to succeed. While Congress has previously eliminated courts—most notably the Commerce Court in 1913 and the Court of Claims in 1982—defunding entire judicial districts would face significant legislative and legal hurdles.
Obstacles to GOP’s Court Defunding Push
To defund courts, House Republicans would need to secure support from the Financial Services and General Government Appropriations Subcommittee, led by Rep. Dave Joyce, R-Ohio, a moderate former prosecutor. Joyce’s willingness to back such a move remains uncertain.
Moreover, passing a funding bill that strips courts of resources would require near-unanimous GOP support in the House—a challenge given the party’s narrow majority. In the Senate, where Democrats control the chamber, such a measure would almost certainly face a filibuster.
Even some Republican senators are hesitant. Sen. Josh Hawley, R-Mo., warned that eliminating district courts could backfire by creating “massive, massive backlogs” in the judicial system.
“My view is, I’d like to get more Republican judges on the bench,” Hawley said. “If we take away seats, we can’t do that.”
GOP Pushes Alternative Measures
Rather than outright court eliminations, Johnson appears focused on alternative methods to curb judicial authority. Next week, the House will vote on a bill from Rep. Darrell Issa, R-Calif., that would prohibit district court judges from issuing nationwide injunctions.
“The judges, especially district court judges, are overstepping their boundaries,” said Rep. Tim Walberg, R-Mich., a Johnson ally. “I appreciate the Issa bill, and I may go for more, but right now, that’s where I stand.”
With House and Senate appropriators facing a September 30 deadline to pass government funding bills, the fight over the judiciary is set to be a major flashpoint in bipartisan negotiations.
Whether Johnson and his allies can successfully target the courts—or if these efforts will remain symbolic gestures—remains to be seen.
