Why Removing Supreme Court Justices is a Tough Job

[MineralMan]

I remember this actual billboard. I saw it when I was a high school kid, and wondered about it. That's when I discovered what was required to remove a Supreme Court Justice from the bench. In the case of Earl Warren, it didn't happen. In fact, it caused some very interesting consequences for those who supported his impeachment. They were out of power for a long, long time. We got the Civil Rights Act, and other things, in part because of the backlash against the John Birch Society and others who supported the "Impeach Earl Warren" campaign.

Removing SCOTUS justices is a very, very difficult thing to do. It's not something any administration is interested in taking on. That's why there will be no indictment against Clarence Thomas, despite the evidence of his illegal filings and his horrible performance on the court. Right now, we also won't have an impeachment process begun by a Republican-controlled House of Representatives, for obvious reasons.

How do you remove a SCOTUS justice? It's one of the most difficult things to do in America. Doing it would take a solid, very, very strong majority in the House, and an equally strong majority in the Senate. Indicting a SCOTUS justice would just lead to an embarrassment, since there is no court that could try him. Only the Congress can act to remove a Supreme Court Justice.

Look at the billboard. It was part of a failed process.

No Supreme Court Justice has ever been impeached and convicted. Not one.

[HopeHoops]

1. Samuel Chase is the only USSC justice to be impeached but he was acquitted and there's almost been..

...an unwritten rule against attempting it since then. While the court is supposed to be non-partisan, that's never been the case and as far as I can tell it is beyond any bounds previously pushed. The right-wing members don't even ATTEMPT to hide their bias anymore.

They impeached Clinton over a legal blowjob but won't go after Thomas for illegal activity. Go figure.

[MineralMan]

3. The Separation of Powers

among the three branches of federal government is almost impenetrable. Every so often, it gets tested, but those tests almost always fail miserably. It's probably the single thing in the Constitution that will not be changed. Congress might impeach a President, and has, but they've only tried to impeach a SCOTUS justice once, and that failed and was never tried again.

Of course the court is politicized. That's an almost certain process, since justices are appointed by Presidents, then approved by the Senate. So, right now, we have a conservative SCOTUS. A Republican House won't even think about impeaching a conservative Justice. It ain't happening. For an AG to indict a sitting Justice in this environment would be disastrous for the President's administration. The blowback would be deadly.

Nope. This will have to wait. It's not happening now, anymore than the impeachment of Earl Warren was happening in the 1960s.

[HopeHoops]

12. The House has the power of impeachment and the Senate that of trial, but it is little utilized.

There have only been something like eight federal judges removed by impeachment. I think that's mostly because the accused tend to resign before it comes to that point. The USSC post-Chase situation just seems to be an unwritten agreement, but it is still an available option and Thomas is a clear candidate.

[RaleighNCDUer]

2. And what federal crime was he accused of? nt

[MineralMan]

4. It doesn't matter, really.

It truly doesn't. The process is all that matters, and that process will not even begin in this Congress. It simply will not. And don't expect the Attorney General to get involved. It's a total losing proposition, and will not happen.

[jaysunb]

5. Apples and oranges

Ideology and criminal behavior are vastly different.

We are in a new age where technology provides instant and understandable information. Many things that have never happened in the past will be coming to us in the near future.

When it comes to cheating on your taxes, you get 100% clarity from the people. Now we just need to get the MSM to pay attention....sorta like they have on Weiners, weiner.

Thomas needs to be indicted. Impeachment will never happen, no matter who controls Congress.

[RaleighNCDUer]

6. Impeachment will never happen

UNLESS he is first indicted and convicted of a violation of federal law. In that case, even hardcore republicans would see the wisdom of impeachment - rather than having a justice ruling from Club Fed.

[jaysunb]

8. That's exactly what I said. n/t

[RaleighNCDUer]

14. Yes, and no. You said it will never happen - therefore he needs to be indicted.

I said it will never happen FIRST - therefore he needs to be indicted.

Either way, we're on the same page.

[Tesha]

7. With Thomas, we're not talking about removing him for political behavior.

We're talking about removing him for actual crimes
(tax evasion).

It's hard to serve on the bench from your prison cell
and there's no precedent that says judges are immune
from ordinary criminal prosecution for ordinary crimes.

Tesha

[tekisui]

9. There won't be an indictment because our AG has no spine.

[EFerrari]

10. Give up.

With all its hopes, dreams, promises and urban renewal
The world continues to deteriorate.

GIVE UP!

-- Deteriorata

http://www.youtube.com/watch?v=D1NAwlepnSs

[RandomThoughts]

11. Don't Give Up.

Give Down.

And I am due beer and travel money, and many experiences, and that will be sent.

[LastLiberal in PalmSprings]

13. Forget impeachment -- just keep shining a bright light on his shenanigans

as well as those of his wife. Force him to recuse himself from every case where the results can in any way benefit he or his wife. Make sure his required reports are filed and the information is accurate.

"I have always admired Justice Thomas. The man is a rock," Stephen Colbert once observed. "If he were replaced by a rock, nobody would notice."