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LetMyPeopleVote

(180,085 posts)
35. Impeachment and Removal of Judges: An Explainer
Sun Feb 16, 2025, 06:39 PM
Feb 2025

Here is a good explanation of the law on the impeachment of federal judges from the Brennan Center. There have been few judiciaql impeachments and there have been no removals due to the rulings of a federal judge



https://www.brennancenter.org/our-work/analysis-opinion/impeachment-and-removal-judges-explainer

The U.S. Constitution provides little guidance as to what offenses constitute grounds for the impeachment of federal judges: as with other government officials, judges may be removed following impeachment and conviction for “Treason, Bribery, or other high Crimes and Misdemeanors”; otherwise, under Article III, Section 1, judges “shall hold their Offices during good Behaviour.”

However, the impeachment power has historically been limited to cases of serious ethical or criminal misconduct. For example, in 2009, the House impeached U.S. District Court Judge Samuel B. Kent on charges of sexual assault, obstructing an official proceeding, and making false statements. Kent resigned before the Senate tried the charges. The next year, the House impeached U.S. District Court Judge G. Thomas Porteous Jr. on allegations of bribery and making false statements. The Senate convicted Porteous. Of the 15 federal judicial impeachments in history, the most common charges were making false statements, favoritism toward litigants or special appointees, intoxication on the bench, and abuse of the contempt power......

Can judges be impeached for their rulings?

Historical practice suggests a strong tradition against impeaching judges for their decisions. Chief Justice William Rehnquist, who wrote a book examining the history of judicial impeachment, found that early historical uses of the impeachment power established a norm that “judicial acts — their rulings from the bench — would not be a basis for removal from office by impeachment and conviction.”

According to Rehnquist, the attempted removal of Supreme Court Justice Samuel Chase in 1804 was, in particular, “enormously important in securing the kind of judicial independence contemplated by” the Constitution. President Thomas Jefferson, a Democratic-Republican, encouraged the House to impeach Chase, a Federalist, after Chase openly criticized the president and his policies to a Baltimore grand jury. In addition to the charge that his partisan statements undermined the judiciary, the charges against Chase ultimately included inflated allegations of misconduct in several trials. The House impeached Chase in 1804, but the following year, the Senate declined to convict, despite Jefferson’s party holding a supermajority. This failed impeachment helped set the bounds of the proper use of the impeachment power — including that judicial decisions should not be a basis for removing judges from the bench.

This norm contributes to the United States’ carefully balanced three-branch system of government, which requires that judges remain insulated from political pressure when deciding cases. Job security is one important contributor to maintaining judicial independence — so that judges are deciding cases based on their understanding of what the law requires and not worrying that they could be removed from office if powerful political actors disagree with their rulings.

Recommendations

2 members have recommended this reply (displayed in chronological order):

This is about frightening all federal judges bucolic_frolic Feb 2025 #1
They've been threatened before. And they know the Senate wont get 66 votes Callie1979 Feb 2025 #6
There is not 67 votes to convict. ProudMNDemocrat Feb 2025 #15
Right.And I bet a secret vote WOULD convict. Look how they voted for Leader Callie1979 Feb 2025 #26
F*ck their threats ... NotHardly Feb 2025 #18
We have entered a very Dangerous time for our Democracy. Very dangerous riversedge Feb 2025 #2
Because just appealing the decisions no_hypocrisy Feb 2025 #3
Waste, fraud and abuse otchmoson Feb 2025 #4
This will only piss off the judges liberalgunwilltravel Feb 2025 #5
At this point I believe they will. Callie1979 Feb 2025 #7
SCROTUS loves IQ 45-47 equals -2. GreenWave Feb 2025 #13
So...this proves 100% that Republicans are in on the coup. No DOUBTS anymore......... Bengus81 Feb 2025 #8
Not a smart move................. Lovie777 Feb 2025 #9
A futile effort C_U_L8R Feb 2025 #10
No longer a country of law and order, but one of intimidation. sinkingfeeling Feb 2025 #11
Theater again. Tell them to pound sand. paleotn Feb 2025 #12
Ludacris Magat Morons. mdbl Feb 2025 #14
It's mob-boss, monarch mentality Septua Feb 2025 #16
This is an empty threat. There's no more chance of convicting a judge than there is in convicting Trump. patphil Feb 2025 #17
Right. It's simply a way to declare loyalty to Herr Trump Orrex Feb 2025 #19
Will not reach 67 votes, but... Justice matters. Feb 2025 #23
There are 53 Republican Senators. They're not going to get 14 more from the Democratic side, patphil Feb 2025 #24
I know they're not going to get 14 traitors. Justice matters. Feb 2025 #25
Just for show. A dog-and-pony distraction and red-meat for their MAGA cult. Oopsie Daisy Feb 2025 #20
And when that fails they'll start publishing the home addresses of the judges. Uncle_Remus Feb 2025 #21
Sending a message. Even if they fail. louis-t Feb 2025 #22
The last line of your post is a great relief to me iemanja Feb 2025 #27
They definitely don't have enough to convict BumRushDaShow Feb 2025 #28
Though, I am worried it will have a chilling effect on judges. nt iemanja Feb 2025 #30
I think others have noted in other threads BumRushDaShow Feb 2025 #33
Yeah, except for the meantime iemanja Feb 2025 #34
Wish you luck. BumRushDaShow Feb 2025 #36
Thank you. nt iemanja Feb 2025 #39
It's equal parts sucking up to Trump, perfomance art and intimadation jgmiller Feb 2025 #29
And there is your weaponization of government by Repukes. Go for it assholes Evolve Dammit Feb 2025 #31
Won't be nothing but a show trial Yo_Mama_Been_Loggin Feb 2025 #32
Impeachment and Removal of Judges: An Explainer LetMyPeopleVote Feb 2025 #35
Coming up next: Godot51 Feb 2025 #37
The Republican Party... GiqueCee Feb 2025 #38
House Republicans have officially introduced impeachment articles against Federal Judge Paul Engelmayer LetMyPeopleVote Feb 2025 #40
Latest Discussions»Latest Breaking News»Republicans move to impea...»Reply #35