Is it possible to impeach a Supreme Court Justice?

[bliss_eternal]

I've seen the idea tossed around on DU, and I just wondered if it's ever possible? I know it hasn't happened before. Is it an option ever? If so, under what circumstances?

Thanks!

[Solo_in_MD]

2. Yes, similar procedure to that for the Pres

[bliss_eternal]

11. ...apparently that only comes into practice

for acts during democratic administrations, though... :eyes:

[mcscajun]

15. The bar is set lower for the judiciary than for the executive branch

"The standard for impeachment among the judiciary is much broader. Article III of the Constitution states that judges remain in office "during good behavior," implying that Congress may remove a judge for bad behavior."

And of course, "bad behavior" is pretty much whatever the House says it is.

But yes, the procedure is substantially the same.

[goddess40]

3. I was wondering that myself

I would think the committing perjury or any other felony would get you booted but I don't know.

[bliss_eternal]

12. Can't help but wonder

if this goofball is seated, what options we may have to lose him... Last ditch effort in thought, I know but what else have we got?

[NoodleBoy]

4. the consitutition says so, don't know the procedure off the top of my head

however, I know of one Justice who wasn't impeached, but was asked to resign by the Chief Justice after taking money at speaking events.

[bliss_eternal]

8. Did he leave?

...after he was asked to resign?

[NoodleBoy]

18. yes

Abe Fortas, after not being confirmed as Chief Justice in 1968, was asked to resign by Chief Justice Warren Burger to resign the court after accepting $15,000 for a speaking engagement while a sitting Supreme Court Associate Justice. His association with the Johnson administration had always been a subject of controversy--then, as always, he was considered far closer to the executive branch then an SCJ should have been, and later tapes confirmed he was a sort of informal legal counsel while serving on the SC.

[ISUGRADIA]

5. Yes it is, and it has happened before

Samuel Chase during Jefferson admin. not convicted.

[bliss_eternal]

9. So he stayed on the court...

:(

[ISUGRADIA]

13. Yes, for another 7 years

Here's a good link about him:
http://supreme.lp.findlaw.com/supreme_court/justices/pastjustices/chase.html

"Chase was the only justice in history impeached by the House of Representatives. Chase is best known for an intemperate act that moved the House of Representatives to vote a bill of impeachment against him in 1804. Chase had given an impassioned speech to a grand jury against democratic "mobocracy." The outspoken Federalist was accused of bias and other judicial misconduct by the House but was acquitted by the Senate. The vote in the Senate was insufficient to impeach him, however. He kept his seat on the Court but disappeared from public attention thereafter. He served for fifteen years as an Associate Justice."

[thinkingwoman]

1. Accused of bias?

What an interesting turn of phrase. :evilgrin:

[KyndCulture]

6. Yes it's possible.... but has never happened before.

http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States

[unblock]

7. there is a procedure for removing supreme court justices

it's the same process as for removing other federal judges, impeachment by the house and trial by the senate.

i think there has been one impeachment, but never a successful removal.

as with presidential impeachment, impeachment is for whatever congress wants to wield this power for, but ostensibly, it's for high crimes and misdemeanors, most notably in the case of judges, bribery.

[bliss_eternal]

10. Well, at least it's possible...

even though no precedent has been set or really removing anyone before this way...

[ISUGRADIA]

14. True though lower court federal judges have been removed

One is servering in the US House now:

Alcee Hastings

First African-American judge appointed to Florida (appointed by Jimmy Carter to the Southern District of Florida in 1979), Hastings was impeached and removed from office in 1989 -- two counts, perjury and conspiracy to obstruct justice, one of only twelve judges in American history to be afforded this indignity. The basis of the two charges was his lying about the fixing of cases in his court. However, even after impeachment he is the first African-American be elected to Congress from Florida since Reconstruction, representing Dade and Broward Counties, and several others. He is a member of the House Permanent Select Committee on Intelligence.

http://www.nndb.com/people/069/000038952/

[mcscajun]

17. The bar is set lower for the judiciary than for the executive branch

"The standard for impeachment among the judiciary is much broader. Article III of the Constitution states that judges remain in office "during good behavior," implying that Congress may remove a judge for bad behavior."

It doesn't need to rise to the level of "high crimes and misdemeanors"; "bad behavior" is pretty much whatever the House of Representatives says it is.

[LiberalEsto]

16. The Far Right went after Justice Earl Warren in the 50s

after "Brown vs Board of Education," the landmark school desegregation ruling. I've read the South was brimming with "Impeach Earl Warren" stickers in that era. It was a big project for the ultra-right John Birch Society - but it fizzled.

[shance]

19. One aspect that is legitimate is the fact that 2004 was illegitimate as an

election.

It seems that it can be proven. Of course, that is of course why the Republicans have been steamrolling extremist candidates through so that they will ignore the rule of law.

In a fair world, I believe it could be done. It depends on the American people and our leaders, doesnt it?

[Silverhair]

20. Where are you going to get the votes?

We could only get 24 votes for a filibuster and it would take 67 votes to remove by impeachment. Where are you going to get the other 33 votes?

[bliss_eternal]

21. This wasn't a consideration for the present--

merely a question about whether or not it's something that can occur.