A bold legislative proposal, the “Restoring Constitutional Mandate for Congress to Set Rules for the Federal Courts Act,” seeks to rein in what its author warns is an existential crisis – a “judicial coup” targeting President Donald Trump and the American people.
Drafted by Jonathon Moseley, a 24-year legal veteran and founder of the Patriot Legal Defense Fund, the bill aims to rescind the Rules Enabling Act. The Constitution empowers Congress to set the rules for the Federal courts.
But Congress generously trusted the U.S. Supreme Court with this honor and prestige. The bill includes a rebuke of U.S. Supreme Court Justices who have abused their constitutional role.
On May 12, Chief Justice John Roberts – who never criticizes misconduct by judges, politicized lawfare, or abuses against conservatives – issued his third attack on President Trump.
Roberts has not seemed to grasp that respect is earned, not demanded. But when judges like Roberts criticize only one side of the political world, they lose all credibility.
Roberts made similar veiled threats against the Trump Administration in Buffalo on May 7, the week before.
The previous week Justice Ketanji Brown Jackson added to a seemingly-coordinated drum beat.
On May 8, Justice Sonia Sotomayor basically rallied the nation’s lawyers to fight an insurrection against Republican officials, speaking at the American Bar Association.
Moseley argues that judges should never be speaking outside the courthouse to maintain the public trust.
“The ABA has sued Trump over federal grant terminations,” yet Sotomayor was speaking to a litigant in an active lawsuit.
Active members of the ABA are already the most left-wing and activist lawyers compared to most attorneys just working for clients.
Jackson openly urged lawyers to fight the Trump Administration, with very few coy, thinly-veiled allusions.
“The judiciary has really turned into fighting a war against Donald Trump and what he stands for, and we cannot allow this to go unanswered,” Moseley told The Gateway Pundit in an exclusive interview.
“Their plan: if they can stop the President, they can stop all of us. We used to be able to trust the Supreme Court to correct abuses, but the Supreme Court has gone woke.”
Moseley adds that the Justices have misunderstood “Supreme” and let that word go to their heads. “Justice Amy Comey Barrett now seems to be getting her legal briefings and scorn for Trump from MSNBC.”
The proposed measure argues that the current system has enabled lower courts to undermine justice. “Congress cannot change the existence of the Supreme Court because it’s in the Constitution,” he said.
But the bill would rescind the Rules Enabling Act (28 U.S.C. §§ 2071–2077), which delegated Congress’s constitutional power to the Supreme Court to establish how lower federal courts operate.
The proposed measure argues that the current system has enabled lower courts to undermine justice, particularly in politically charged cases involving Trump and his supporters.
The bill asserts that trusting the Supreme Court has led to “disappointment and widespread injustice,” including:
- Nationwide injunctions by cherry-picked single, biased lower court judges.
- “Deadlines… which have become in and of themselves unjust and harmful to many seeking their legal rights in court” such as 14 days to challenge a conviction under Rules 29 and 33.
- “Resistance to changes of venue necessary to give the public confidence in the appearance and the reality of an unbiased judge and juries.”
- “Illogical, inconsistent, and unconvincing admission of evidence….”
“Whenever there was evidence that a January 6 defendant was innocent, that was not allowed; whenever there was evidence that the defendant was guilty, that was allowed,” Moseley explained. By reforming court rules, the bill seeks to prevent such injustices, ensuring fair trials for all citizens.