Can the House Impeach a Justice?

The house impeached Justice Samuel Chase in 1805. Chief Justice William Rehnquist in a scholarly book, Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson, details the charges against Chase. “He conducted himself in a manner highly arbitrary, oppressive and unjust” details are set out that critique his performance in a trial. Like the stacking of the court by leader McConnell, the impeachment of Chase had a political tone. The scenario to consider is:

1. Biden wins the presidency.

2. A majority of the court gives the presidency to Trump.

3. The Democrats retain the house = impeachment of one or more justices who ignore the traditional role of the states in governing elections.

4. The Democrats take the Senate = possible conviction of one or more justices.

 See: Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson



Copyright 2020 James J Brosnahan

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