Can a federal judge position be elimated?

Answer 1

Yes, BUT

There are several types of federal judges. This answer applies only to judges or justices of the Judicial Branch, established under Article III of the Constitution: US District Courts, US Court of International Trade, US Court of Appeals Circuit Courts, US Supreme Court.

Article III provides that judges and justices serve "during good good behavior," which effectively means "for life" unless the judges commits an impeachable offense and is removed from office by the impeachment process. Judges may voluntarily resign or retires, as well.

Congress can write legislation that eliminates a judicial position, but the change can't take effect until a natural vacancy occurs on the court. In other words, Congress cannot remove a judge from the bench by reducing the size or number of the courts.

There is one historical example in which Congress terminated 16 new Circuit Court judges by repealing the legislation that created the courts they were to preside over (the Judiciary Act of 1801). While this was arguably an unconstitutional action, none of the judges challenged Congress' right to repeal the law so the matter was adjudicated.