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House Speaker Mike Johnson has suggested the possibility of defunding, restructuring, or even eliminating U.S. federal courts as Republicans grow increasingly frustrated with judicial rulings blocking Trump-era policies.
Speaking to reporters on Tuesday, Johnson, a former constitutional attorney, emphasized Congress’s broad powers over the judiciary. “We do have the authority over the federal courts,” he said. “We can eliminate an entire district court.” He later clarified that his remarks were not a direct threat but rather an illustration of congressional authority.
The Republican pushback comes after U.S. District Judge James Boasberg issued a nationwide injunction preventing the deportation of Venezuelan immigrants. Trump and several GOP lawmakers have since called for Boasberg’s impeachment.
Article III of the U.S. Constitution grants Congress the power to establish and regulate lower federal courts. There is historical precedent, such as the elimination of the commerce court in 1913. However, significant opposition, including from some Republicans, makes such actions unlikely. Missouri Senator Josh Hawley cautioned that restructuring courts could worsen case backlogs.
Instead, Republicans are eyeing legislative measures, including a bill from Representative Darrell Issa, which would limit district judges’ ability to issue nationwide injunctions. Johnson called this a “dramatic improvement” to the judiciary, arguing such rulings violate the separation of powers.
“We have power over court funding,” Johnson said. “Desperate times call for desperate measures, and Congress is going to act.”
While judicial reforms face significant hurdles, the push signals growing Republican efforts to curb what they see as judicial overreach.
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