President Donald Trump called for the impeachment of U.S. District Judge James Boasberg after he ruled on March 15 against the deportation of Venezuelan immigrants. Republican Rep. Brandon Gill introduced articles of impeachment, arguing that Boasberg is an active politician judge. Judges Paul Engelmayer and Amir Ali are also facing threats of impeachment from conservatives.
What is Judicial Impeachment?
Judicial impeachment allows federal judges to be impeached and removed from office for “Treason, Bribery, or other high Crimes and Misdemeanors.” Impeachment is possible by simple majority in the House but two-thirds majority in the Senate to impeach them. In the entire history of the country, only eight judges have been removed using this process.
Are Trump’s impeachment demands justified?
Impeachment historically has been limited to criminal or ethical offenses, and not to differences in politics. The last ideologically based impeachment effort was that of 1804 against Justice Samuel Chase, but he was acquitted by the Senate and it set a precedent against the removal of judges over their decisions. Chief Justice John Roberts echoed the same by declaring, “Impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The political reality
Even if House Republicans are able to round up enough votes to impeach Boasberg, removal is highly improbable. The Republican Party’s thin House majority means party unity takes precedence, but moderates like Representative Don Bacon oppose using impeachment against judges for their rulings. In the Senate, where two-thirds support is needed, removal of Boasberg is essentially impossible, since Democrats won’t be voting to do so.
Judicial independence at stake
The effort to impeach judges on the basis of their decisions is troubling to judicial independence. The judiciary relies on the doctrine of the separation of powers to remain impartial. Political impeachments undermine this doctrine and create a dangerous precedent. Confronted with increasing threats, the judiciary has established a task force to provide judicial security and independence.
Trump’s attempt to impeach judges is unlikely to succeed according to historical precedent, constitutional standards, and political realities. The scandal highlights the ongoing difficulty of preserving judicial independence in a polarized climate.
