Impeachment as a Check on the Judiciary: A Forgotten Precedent?

Justin Evan Smith, RealClearWireMarch 24, 2025

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impeachment judiciary — LB and GWB participate in swearing in ceremony of Judge John Roberts as Chief Justice of the United States in the East Room. White House photo by Krisanne Johnson, Wikimedia Commons

Chief Justice John Roberts recently issued a statement declaring that “for more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.” His remarks come amid renewed debate over the scope of judicial accountability, as some conservatives, including former President Trump, have called for the impeachment of Judge James Boasberg over his handling of cases related to deportations of alleged Venezuelan gang members.

Roberts’ assertion, while reflective of modern norms, oversimplifies history. The reality is more complicated: Judicial impeachment has, at times, been driven by judicial decisions and the conduct surrounding them. While impeachment should not be a routine mechanism for challenging case outcomes, history shows it has been used when a judge’s rulings indicate persistent bias, a disregard for legal constraints, or an abuse of judicial authority.

History Says Otherwise

The clearest rebuttal to Roberts’ statement is the impeachment of Supreme Court Justice Samuel Chase in 1804. Chase, a staunch Federalist, was accused of allowing his political views to shape his rulings, particularly in cases related to the Sedition Act. The House of Representatives impeached him for what was effectively a judicial philosophy that his opponents found intolerable. The Senate ultimately acquitted him, but the very fact that he was impeached – explicitly for his conduct on the bench – undermines the claim that judicial decisions have never been a basis for impeachment.

Chase’s case is not an outlier. In 1803, Judge John Pickering was impeached and removed, partially for erratic behavior but also for making decisions viewed as improper and politically motivated. Judge West Humphreys, a Confederate sympathizer, was removed in 1862 in part because his rulings reflected active opposition to federal law. These cases show that, historically, judicial decisions and their consequences have been central to impeachment discussions.

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The Constitutional Framework

Roberts’ statement implies a rigid wall between impeachment and judicial decision-making, but the Constitution draws no such line. Article III, Section 1 provides that judges hold office “during good Behaviour,” a standard distinct from the more lenient protections given to elected officials. Article II, Section 4 allows impeachment for “Treason, Bribery, or other high Crimes and Misdemeanors.” That last phrase, historically interpreted to include abuses of power, opens the door to judicial decisions being relevant – not as mere policy disagreements, but as evidence of a judge’s failure to uphold their duties impartially.

Alexander Hamilton, in Federalist No. 81, acknowledged that judicial misconduct, including decisions reflecting personal bias or disregard for the law, could be grounds for impeachment. The notion that impeachment exists only for personal corruption, rather than judicial overreach or defiance of legal norms, is a modern interpretation rather than an ironclad constitutional principle.

When Does a Ruling Become Impeachable?

The key distinction between a bad decision and an impeachable ruling is that the latter falls into a pattern of rulings that indicate a judge is abandoning their role as a neutral arbiter. A single controversial opinion does not justify impeachment, but if a judge repeatedly defies precedent, injects personal ideology into their decisions, or rules in ways that ignore constitutional limits, impeachment could be an appropriate remedy.

Consider the executive branch: A president is not impeached simply for enacting an unpopular policy, but if they abuse their authority, Congress has the power to remove them. The same reasoning applies to the judiciary. If a judge consistently rules in a manner that defies constitutional limits, impeachment is not a rejection of judicial independence – it is a safeguard against judicial tyranny.

A Guardrail, Not a Weapon

None of this is to say that impeachment should be a routine check on judicial power. Judicial independence requires that courts be protected from political retaliation. But the absolutist claim that impeachment is never an appropriate response to judicial decisions erases historical precedent and ignores the Constitution’s broader framework. Impeachment is not a tool for re-litigating every case, but neither is it an untouchable relic of the past.

Whether or not Congress agrees with Trump that Judge Boasberg should be impeached, it is essential that both judges and lawmakers recognize impeachment as a legitimate constitutional mechanism when a judge is no longer upholding their duty. The debate should not be about whether judicial decisions can ever warrant impeachment – they have before, and they will again – but about where the line is drawn between bad rulings and a true abandonment of judicial responsibility.

This article was originally published by RealClearPolitics and made available via RealClearWire.

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