President Trump may be close to proposing a strategy to avoid a constitutional crisis between the executive and judicial branches, and quite appropriately it entails exercising a much-neglected power given to the Congress: drawing jurisdictions for federal courts.
Among the powers given to the legislative branch is determining states over which the 13 circuit courts preside.
The 9th Circuit Court is easily the most liberal.
However, Congress can divide its power, then Trump can appoint new, conservative judges.
But he only has two years to pull the trigger before the mid-term elections.
Will he do it?
Here’s more from Washington Examiner…
President Trump said Wednesday that he has “absolutely” considered proposals that would split up the 9th Circuit, where judges have blocked two of his executive actions.
“Absolutely, I have,” Trump said of considering 9th circuit breakup proposals during a far-ranging interview with the Washington Examiner at the White House on Wednesday. “There are many people that want to break up the 9th Circuit. It’s outrageous.”
His comments came one day after U.S. District Judge William Orrick temporarily blocked Trump’s efforts to withhold funds from any municipality that refuses to cooperate with immigration enforcement officers. Orrick, based in San Francisco, argued that Trump had overstepped his authority in January when he directed the Justice Department to put immigration-related conditions on grants for so-called “sanctuary cities” that may not be directly related to law enforcement.
Other judges on the court halted two different versions of an executive action aimed at tightening vetting requirements for immigrants from Middle Eastern countries, because both actions called for a temporary suspension of some immigration from several predominantly Muslim countries.
“The language could not be any clearer. I mean, the language on the ban, it reads so easy that a reasonably good student in the first grade will fully understand it. And they don’t even mention the words in their rejection on the ban,” Trump said of his travel ban. “And the same thing with this [sanctuary city decision]. I mean, when you have people that are being enabled to commit crime. And in San Francisco, when you look at Kate Steinle, being shot and here is the court, you know, right in that same general area. And when you look at a Kate Steinle, when you look at so many other things.”