Conservative Lawmakers Take Aim at Activist Judges Undermining America First Agenda
Facing growing pressure from conservative leaders and Trump supporters, House Speaker Mike Johnson (R-La.) is stepping up to challenge the growing influence of unelected judges who have blocked major Trump-era immigration and national security efforts.
On Tuesday, Johnson floated a bold solution: eliminating entire lower federal courts that have overstepped their bounds and interfered with lawful actions taken by the Trump administration.
“We do have constitutional authority over the federal courts,” Johnson said. “We can eliminate district courts. We control the funding. Desperate times call for desperate measures — and Congress will act.”
GOP Pushes Back on Courts Blocking Trump Immigration Policies
A recent point of contention involves U.S. District Judge James Boasberg, who sought to block President Trump from invoking the Alien Enemies Act to remove Venezuelan migrants — a decision many conservatives view as obstructing a reasonable and lawful measure to safeguard national security.
This is just the latest example of activist judges blocking Trump policies, and conservative lawmakers have had enough.
Johnson Points to Constitutional Authority Over Federal Courts
As a former constitutional lawyer, Speaker Johnson reminded reporters that while the Supreme Court is required by the Constitution, lower federal courts exist solely at the discretion of Congress.
Congress has exercised this power before. In 1913, it eliminated the Commerce Court. In 1982, it abolished and restructured several federal courts. The authority is there — and Johnson made clear it’s on the table.
“Congress has the power to create, modify, or even abolish lower courts,” he said. “We also control the funding process.”
Rep. Jim Jordan Prepares Legislative Response
House Judiciary Chairman Jim Jordan (R-Ohio) announced an upcoming hearing focused on Judge Boasberg and other district judges who have consistently ruled against the Trump agenda.
“We have tools in the appropriations process to address this judicial overreach,” Jordan said. “It’s time for accountability.”
Jordan and his team are exploring legislative remedies and possible budget cuts to federal courts that act as political weapons rather than neutral arbiters of the law.
Defunding Rogue Courts: A Real Possibility?
Conservatives in Congress are eyeing the Financial Services and General Government appropriations bill, which provides funding for lower courts. However, any effort to cut funds would require near-unanimous Republican support and a strong strategy to overcome Senate resistance.
Moderate Republicans like Rep. Dave Joyce (R-Ohio), who chairs the funding subcommittee, may pose challenges. And even in the Senate, some Republicans, including Sen. Josh Hawley (R-Mo.), have voiced concerns about eliminating court seats outright.
“I’d prefer to see more Republican judges appointed,” Hawley said. “Removing court seats might create backlogs.”
New GOP Bill Would Curb Nationwide Injunctions
Instead of waiting for funding battles, Speaker Johnson is also backing smart legislative solutions. Next week, the House is set to vote on a bill from Rep. Darrell Issa (R-Calif.) that would bar district judges from issuing nationwide injunctions — a favorite tactic of left-wing judges seeking to block conservative reforms.
Rep. Tim Walberg (R-Mich.) praised the bill, saying, “These district judges are overstepping. The Issa bill is a great first step, and I support it fully.”
What This Means for the 2024 Election and the Rule of Law
With the 2024 election approaching, the battle over judicial overreach is heating up. Republicans are sending a clear message: activist judges won’t be allowed to derail the America First agenda.
As Congress prepares to pass 12 critical funding bills before the September 30 government deadline, the role of the judiciary — and its limits — will be a key battleground.
For millions of Americans concerned about unchecked judicial power, border security, and the restoration of constitutional government, Speaker Johnson’s remarks mark a turning point.