"Interesting idea. If it passed, would courts throw it out?"
Billybobn correct me if I'm wrong... but I believe that only the supreme court could throw this out.
Congress has authority over all the lower courts, including the circuit courts, and this is direction to them.
The courts have awarded fees to the ACLU under the existing statute. And the Supreme Court has ruled that absent this statutory authority, none of the federal courts can award attorneys fees. So, what Congress itself has granted, Congress can take away. Not even Justice Ginsburg can stop this, IF CONGRESS ACTS.
Congressman Billybob