How to Humble the Kritarchy

In 2021, when Trump wins re-election and Republicans re-take the House, they need to bring the Federal judiciary to heel.

The Kritarchy has been grossly overreaching its authority for decades, but ever since Trump was elected, it has gone completely out of control. Neil Gorsuch has mildly criticized the practice of nationwide injunctions, but he did not go far enough. And as much as I would like to see these "Hawaiian" judges impeached, there is an even better way.

You see, there is a very basic problem, which is that sub-SCOTUS Federal judges are pretending to be co-equal with Congress and the Preisdent. They are not. It is an evil lie.

In the Federal judiciary, only the SCOTUS was created by the U.S. Constitution; the rest was created by Congressional statute, and what Congress has made, it can unmake. Even setting aside the possibility of impeachment, all non-SCOTUS Federal judges serve purely at the pleasure of Congress.

Therefore, they are beneath Congress. Therefore, they are also beneath the Executive, which is co-equal with Congress. They are logically at about the same level as Cabinet officials, whose appointments are also confirmed by the Senate.

Thus, there is a very simple way for us to start bring the out-of-control Kritarchy to heel. All we have to do is elect a President and Congress that have the wit and will to unmake a Federal judgeship whenever the holder of that post gets too big for his britches and steps out of bounds.

In 2021, Trump and a simple majority in the House and Senate can pass legislation that does a targeted elimination of all of the posts held by non-SCOTUS judges that have issued nationwide injuctions, then pass a new law creating even more posts (since it is commonly believed that they are overworked and we need more anyway).

This would, I believe, put an end to the evil practice for good.