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He is not alone. Liberal judges across the country have abused their power to issue sweeping, nationwide injunctions — halting Trump’s lawful executive orders and ignoring the will of the voters. Their message is clear: the bench now makes policy, not the White House.
Time to Rein in Judicial Tyranny?
Trump and some members of Congress have floated an explosive solution: removing rogue judges from the bench through impeachment. But prominent legal scholar Alan Dershowitz has another idea — one that could permanently defang activist courts.
“Article III of the Constitution only calls for a Supreme Court,” Dershowitz reminded. “District and Appeals courts are creations of Congress and are not co-equal branches of government.”
In other words, these lower courts exist because Congress allows them to — and Congress has every right to rein them in, reshape them, or even erase them altogether.
Shut Down the Left’s Legal Weapon
Dershowitz laid out a bold legislative strategy to strip overreaching judges of their power.
“I think Congress can do more to facilitate the exit of these bad guys, and they should do more, and they can also do more to curtail the jurisdiction of courts,” he said. “They can pass a statute saying a district court has jurisdiction only to grant an injunction that covers his district, to his circuit.”
The logic is simple: Why should a judge in New York be able to stop an order meant for Texas? Nationwide injunctions, often abused by liberal judges, allow a single activist in a robe to derail the entire executive branch.
“You can’t have a judge in New York telling people in California what to do,” Dershowitz added.
But he didn’t stop there. Dershowitz also pointed out that Congress holds the nuclear option: total abolition.
“Congress clearly has the authority. It could abolish the district courts all over the country. It could say we don’t have any more district courts.”
Courts Exist Because Congress Says So
That’s not hyperbole. The Constitution does not require the existence of district courts. It simply permits Congress to create “inferior courts” as it sees fit.
“Nothing in the Constitution about district courts,” Dershowitz said. “It just says that you know it can have, there can be other lower courts, but it doesn’t indicate how many there have to be and where the circuits are and how many court of appeals judges [or] district court judges.”
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Congress, according to Dershowitz, could pass laws to redraw jurisdictions, limit court power, or shut them down outright.
“So, there is no constitutional crisis, let’s be clear, but Congress can help avoid constitutional clashes by legislating on some of these issues,” he explained.
GOP Can Flip the Script
Democrats constantly threaten to pack the Supreme Court and dismantle the filibuster. But two can play that game. If Democrats go nuclear, the GOP can too — using simple majority votes to neuter the activist judiciary.
Why let far-left judges weaponize the law against elected conservatives? Trump’s allies may have just found the ultimate trump card — and it could change the legal battlefield forever.
I like the Dershowitz answer to activist Judges! Turn the tables on the liberals thru congress . Congress address the laws governing the lower level courts. Finally if this doesn’t solve the issue resolve the lower courts all together.