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Debate Intensifies Over Radical Proposals to Curb Federal Judiciary Power

As lower courts block Trump administration policies, calls grow for Congress to abolish courts or transfer cases to conservative jurisdictions.

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Judge James Boasberg speaks on panel

Overview

  • Federal courts have issued a record number of nationwide injunctions and restraining orders, blocking key Trump administration initiatives such as agency closures and deportations.
  • The Trump administration’s defiance of court orders, including deportations under the Alien Enemies Act, has escalated tensions between the executive branch and the judiciary.
  • Congress is advancing the No Rogue Rulings Act to limit nationwide injunctions, while some right-wing commentators advocate abolishing specific district courts in liberal states.
  • Historical precedent, such as the Judiciary Act of 1802, supports Congress’s authority to abolish lower courts or transfer cases to jurisdictions perceived as more favorable.
  • Legal scholars warn of a potential constitutional crisis as extreme measures to limit judicial review challenge the balance of power among government branches.