Article III of the Constitution allows Congress to establish courts below the Supreme Court, which includes federal District and Circuit Courts. If Congress can establish them, it can abolish them. In 1801, in the waning days of John Adams’ presidency, Congress did just that and abolished the district and circuit courts of the District of Columbia.
These two courts display widespread intransigent partisanship and demonstrably poor scholarship, exemplified by this week’s ruling on the new White House construction. Given the difficulty of removing so many bad judges in these two courts by impeaching them, it’s time to repeat John Adams’ move: Abolish these courts. Cases that normally would be heard in them should be assigned to courts elsewhere.
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