Congressional authority over the federal judiciary is rooted in Article III of the Constitution, which grants Congress the power to "ordain and establish" lower federal courts1. This authority extends to various aspects of the court system, including:

• The ability to create or eliminate district courts

• Control over court funding

• Regulation of court structure and jurisdiction

Historically, Congress has exercised this power, as evidenced by the elimination of the Commerce Court in 1913 and the restructuring of certain courts in 19822. Speaker Mike Johnson, drawing on his background in constitutional law, emphasized this "extensive authority" to highlight potential congressional actions in response to perceived judicial overreach2. However, legal experts caution that while Congress has these powers, their application could significantly impact the balance of powers and judicial independence that are fundamental to the American legal system3.

The GOP's intensified attacks on the judiciary stem from a series of court rulings that have obstructed Trump administration policies, particularly in areas such as immigration enforcement12. Republican lawmakers have proposed various measures to counter what they perceive as judicial overreach, including:

• Limiting the reach of court rulings

• Cutting funding for the judiciary

• Introducing impeachment resolutions against specific judges, such as U.S. District Judge Boas, who sought to prevent Trump from using the Alien Enemies Act to deport Venezuelan migrants13

These actions reflect growing tensions between the Republican Party and the federal judiciary, with President Trump and his supporters advocating for stronger measures against judges whose rulings they deem unfavorable34.

Speaker Johnson's proposals to potentially eliminate federal courts or adjust judiciary funding represent a significant escalation in the ongoing battle between the Republican Party and the federal judiciary. During a press conference on Tuesday, Johnson stated, "We possess authority over the federal judiciary... We can disband an entire district court. We have control over court funding and various other aspects."12 This statement comes as part of a broader Republican strategy to address what they perceive as judicial overreach, particularly in cases where courts have blocked Trump administration policies. Johnson emphasized that "extreme situations necessitate extreme actions," suggesting that Congress may consider drastic measures in response to unfavorable court rulings.13