DeSantis proposes that Congress remove jurisdiction from the courts that block Trump's agenda
The Florida governor recalled that congressmen, with their due majority in the Senate, have the power to remove some areas of action to courts, as was already done in 1996 with immigration issues.
DeSantis warned he will not tolerate looting in Florida/ Chandan Khanna
Florida Governor Ron DeSantis proposed a solution to prevent judges of the "resistance" from blocking President Donald Trump's measures. The Republican spoke of the possibility of withdrawing jurisdictions to certain courts that prevent the executive from implementing his agenda.
"Congress has the authority to remove jurisdiction from federal courts to decide these cases in the first place. The sabotage of President Trump's agenda by the 'resistance' judges was predictable: why weren't jurisdiction removal bills prepared at the beginning of this Congress?" wrote DeSantis in a Wednesday post on X.
On the social network, one user responded by asking how such a measure could pass when it would take 60 votes to push it through the Senate. DeSantis replied, "Attach it to a 'must-pass-bill' (must-pass-bill)."
What DeSantis is proposing is possible and has been done in the past. Article III, Section 2 of the Constitution provides that Congress has the power to regulate and limit the jurisdiction of the lower federal courts.
Making use of a must-pass-bill would be necessary for the Administration because they are unlikely to get Democratic support for a measure as controversial as limiting the jurisdiction of courts blocking Trump's agenda. With this remedy, a 60-vote majorityin the Senate is not necessary, but a consensus with a minimum majority in the Senate and House of Representatives is required.
Even then, the Democrats could reject the must-pass-bill clause in the Senate negotiation phase.
Past uses
Such measures limiting the power of the courts over federal government policies have been seen in the past. In 2005, Republicans attached a clause to the defense budget (National Defense Authorization Act, NDAA) that prohibited Guantanamo detainees from filing habeas corpus petitions in federal courts. It was only in 2008 that the Supreme Court struck down this restriction in Boumediene v. Bush.
Similarly, in 2012 under Barack Obama, an amendment was also included in the annual defense bill allowing indefinite detention without charge of terrorism suspects who had not yet been tried.
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