#1 Law prof Glenn Reynolds has a long entry on his substack detailing the many options for Congress to straighten out the insane federal judge lawfare campaign now taking place.
Excerpt: With simple majorities you could, as I’ve previously suggested, bring back the requirement for three-judge district courts when the legality of federal statutes is challenged, and expand that requirement to include challenges to executive orders.
Another thing you could do with simple majorities ... is to strip federal courts of jurisdiction to issue Temporary Restraining Orders and Preliminary Injunctions in the class of cases that we’ve been seeing. Or, indeed, to strip them of jurisdiction to hear any complaints regarding the internal administration of the Executive. Or stripping courts of jurisdiction to issue any order in such cases until an appeals bond has actually been posted by the moving party.
Also:
These are all things that could be done with the existing legislative majorities, and that would do more to address existing problems than impeachments, with less of a downside.
Unfortunately my understanding of Senate rules about filibusters means 60 votes are necessary to stop debate and vote on a bill, for which (at that point) a simply majority would then be necessary to pass the bill.
In addition, getting Congress to do anything substantial along these lines seems an immense task.
Only 593 days until the next Election Day when the entire House and 1/3 of the US Senate is up for reelection or replacement. If enough would-be voters make Congressional action an imperative during the nomination and primaries, it could happen. Otherwise the dictatorship of the federal judiciary will drag on and on and on. |
...The Hero of Butler, Pennsylvania...