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.
Tuesday, March 25, 2025
Public Occurrences March 25, 2025
Speaker Mike Johnson floats eliminating federal courts as GOP ramps up attacks on judges
“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. 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.
