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- cross-posted to:
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Summary:
Facing pressure from his right flank to take on judges who have ruled against President Donald Trump, Speaker Mike Johnson, R-La., on Tuesday floated the possibility of Congress eliminating some federal courts.
It’s the latest attack from Republicans on the federal judiciary, as courts have blocked a series of actions taken by the Trump administration. In addition to funding threats, Trump and his conservative allies have called for the impeachment of certain federal judges who have ruled against him, most notably U.S. District Judge James Boasberg, who attempted to halt Trump from using the Alien Enemies Act to deport Venezuelan migrants.
“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.”
Johnson, a former constitutional attorney, later clarified that he was making a point about Congress’ “broad authority” over the “creation, maintenance and the governance” of the courts. Article III of the Constitution established the Supreme Court but gave Congress the power to “ordain and establish” lower federal courts.
Congress has eliminated courts in the past. In 1913, for example, Congress abolished the Commerce Court and its judges were redistributed to the federal appeals court, according to Congress.gov. And in 1982, Congress passed legislation abolishing the Article III Court of Claims and U.S. Court of Customs and Patent Appeals, and established the Article I Court of Federal Claims and the Article III U.S. Court of Appeals for the Federal Circuit.
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Guy, who can’t even control his masturbation urges, thinks judges have too much control.
It’s creepier and more accurate to call him "the guy who uses his son to control his masturbation urges.
Republicans when they have power:
Democrats when they have power:
It’s a bit late for this observation.
People have been making it for a while
Yes. Thanks for agreeing.
No, people have been making it for a while because it impacts every new situation we can’t deal with our other problems without dealing with this one. What’s late here is the response to this observation, the observation itself is right on time every time Republicans do something awful and scumbag Dems don’t do anything to stop them.
Not how that works, and you don’t have the state votes to make that happen. Stop posturing you gigantic piece of shit.
I’m not sure there’s anything in Article III that would really stop him. They don’t have the votes in the Senate to overcome a filibuster to legislation but it’s not clear the Democratic party is willing to do those, so who knows.
Too bad the Democratic party didn’t look into reforming the courts when they had majorities in Congress.
Not how you imagine it works. The rule of law is over. This is the New Order.
One of the methods floated was just defund it. Maybe the judges are wealthy enough to work for free but our Judiciary runs on the backs of many civil servants that aren’t judges. If there is no budget then the courts effectively cease to exist.
This is one of the most terrifying possibilities. The idea that Congress itself could be used as a weapon against the courts on behalf of the President. Absolute insanity and a complete betrayal of what the checks and balances are supposed to be about.
Mike Johnson, you need to resign.
That doesn’t sound like an abuse of checks and balances to me, to be honest. This is exactly how the system is designed. They still need a majority to pass anything.
Flip the script for a moment; imagine we had ultra right wing judges who make insane judgements. Is it not the whole point of checks and balances for the legislative and executive branches to be able to exert some control over the judiciary branch provided they have an appropriate majority?
I don’t agree with Johnson, he’s a cunt, but this doesn’t seem like abuse per se, rather exactly how the system was designed. I’m not worried about it because they don’t have the votes.
What insane judgements? I don’t think this is a very good example given his orders have ignored laws outright. The rendition thing is basic due process. Its from right wing judges enforcing law. It is by no means ultra left wing judges making insane judgements. I just don’t think this example you are giving is apt to the current condition.
“gestures at the 5th circuit”
Some podcast on the NPR app said this might be a good thing. Trump is calling for impeachment of judges, which could happen. What Johnson is floating is an appeasement to Trump that’s impossible.
