Tuesday, July 2, 2024

Can Congress Impeach a Sitting Supreme Court Justice?

Al Ritter


Well lots of talk this weak about the Supreme Court ruling on Presidential immunity. The Democrats don’t like the decision so they are rattling their sabers about impeaching Justices.

Can it actually be done? The answer is yes, but it’s more complicated than that. Although there is wording to that effect in the Constitution the entire process and reasons for impeachment become clouded.

Under article 1 of the Constitution the House has the power to impeach by only a simple majority, but wait there’s more! It then goes to the Senate to hold a hearing on the impeachment a full vote by the Senate has to be in 2/3rds agreement to actually convict the Justice.

Has it been tried before? The answer is yes in 1803. Has it even been successful? The answer is no! He was finally absolved in 1805.

Chief Justice Rehnquist rendered and opinion once on impeachment of a Supreme Court Justice and he opined that outside Treason, Bribery, Perjury, flagrant misconduct, or failure to recuse oneself when clear bias is noted, the bar is extremely high. Filing impeachment charges merely for a decision that one party doesn’t like is NOT grounds for impeachment.

Temper tantrums and grandstanding by House Democrats will probably be nothing more than that in the long run.

Read the Brennan Center’s explanation here:

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

8 comments:

Turk 182 said...

Far less likely than a Constitutional Amendment (which another House Democrat) is attempting. These people are nuts!

Terri o said...

Democrats always whine when things don't go their way! Different when they held the majority as their justices always voted the party line even if it was constitutionally wrong.

Sam said...

Just more panicked BS from the left.

John H said...

And who will review the Articles of Impeachment? The Supreme Court? LOL

Robert T said...

Her leaping around after the court's decision showed how immature she is!

Robert A said...

It really is hard to believe that she represents ANYONE. She does nothing for her district...Go ahead loser write up and present the papers to impeach, see where it gets you and your Commie squad pals. You AOC will lose the next time you run for Congress.

Teri B said...

Airhead occasional cortex wants to impeach someone because she believes the judgement is incorrect. That witless airhead has absolutely no basis for impeachment nor argument. I'm surprised that the airhead can actually, almost, THINK, because she's so damned DUMB.

Mr Bob said...

Here's the catch 22 with that. If congress votes to impeach a supreme court judge that judge can appeal the decision to the supreme court and they have final say. So the odds of impeaching a judge because you didn't like a vote from the majority of the supreme court is absolute zero.