Civics: Notes on the “lower courts” and the two other branches
Another thing you could do with simple majorities, as Ron DeSantis has noted, 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.
Congress could also provide that lawsuits challenging changes to federal programs or agencies be assigned to randomly-selected district courts from around the nation, rather than the District for the District of Columbia. (It could possibly even go further and simply abolish the District for the District of Columbia, and do this with all cases. In 2025, there’s no real reason for all such cases to be heard in DC; it’s not the horse-and-buggy era anymore. Going further still, they could simply abolish the District of Columbia itself, which is permitted but not required to exist by the Constitution.)
Congress could also require that all proceedings in federal courts be televised. Federal Judges have resisted that, but ultimately it’s not their call. Many lawyers involved in the January 6 proceedings have said that if video of what judges were doing there had been made public, there would have been a revolution. At least the prospect of public scrutiny might make judges more cautious, and less imperious.