The Hitchhiker's Guide to How Congress May Try to Discipline Judges Who Rule Against Trump

Congressional Republicans are digging into their toolbox to find ways to keep federal judges in check, particularly those they believe have overstepped their authority. It seems the battle between the judicial branch and some corners of the GOP is heating up.

At the center of this brewing storm is Rep. Brandon Gill, a Republican from Texas, who has drafted an article of impeachment targeting Judge James Boasberg. The judge drew GOP ire after suspending certain deportations, a move that left conservatives fuming. Some lawmakers are pushing to make this impeachment effort a reality, not just against Boasberg but also other judges they accuse of judicial overreach.

Yet, not everyone in the GOP camp is on board. The House Republican leadership appears less than thrilled with the idea of plunging into impeachment proceedings. After all, it’s a politically risky move, and the math doesn’t look encouraging. Even if the House managed to scrape together enough votes to impeach, a Senate trial would almost certainly hit a dead end without the 67 votes needed for conviction.

That hasn’t stopped some conservatives from plotting a workaround. They could introduce the impeachment resolution as a privileged motion, forcing it onto the House floor. However, GOP leaders could counter by moving to send the resolution to committee, effectively burying it. This procedural chess game could result in a vote, but not on impeachment itself—just on whether to kick the matter to committee.

Meanwhile, Rep. Darrell Issa of California has floated an alternative approach that might appeal to those wary of impeachment proceedings. His proposed legislation would limit the scope of rulings from these judges, sidestepping the need for a dramatic showdown.

Whether the GOP opts for impeachment or legislative limits, one thing is clear: the tension between Congress and the judiciary isn’t going away anytime soon. With the stakes this high, it’s a battle that could reshape the balance of power between these two branches of government.