[LesbianThespianGymnasticMidget]

Are you sure they have the legal right to do this?

If they do your suggestion would solve the problem.

[xzins]

I would say that congress certainly has the authority. They get to decide which, if any, lesser courts will exist. And they "shall" have ORIGINAL jurisdiction in case involving public offices (DHS) or a State. IOW, this never should have been before the 9th circuit in the first place. That's how I read after guidance from one with a legal background.

Art 3, Sec 1: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. "

Art 3, Sec 2: "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. "

[P-Marlowe]

Yes. Jurisdiction of the lower courts is only granted by acts of Congress. The only Court created by the Constitution is the Supreme Court. All the other courts were created by a Congress and they can be controlled or eliminated by an act of Congress.