The residue of what used to be Newsweek Magazine has telegraphed the next step in the Obamacare fight – impeach the justices. Nancy Pelosi’s collection of astroturfers have immediately picked up their marching orders and are stomping their boots in unison. President Obama then could name replacements. How does impeachment of the Supreme Court work and is it remotely plausible?
There have been several attempts since the founding of the country. President Thomas Jefferson attempted to have Samuel Chase removed after the Supreme Court asserted in Marbury vs Madison that it could throw out laws as Unconstitutional.
While the House did pass 8 articles of impeachment, the Senate did not agree to any of them. This failed attack by the antiFederalists on the Supreme Court laid the foundation that impeachment is to be used only for cases of criminal misconduct, not policy differences or partisan disputes. While a few lower court judges have been remove, that was the last serious attempt to use impeachment as a weapon to try to inimidate the Supreme Court members.
The process would be the same as for impeaching a President. A simple majority of the House has to approve the charges, then the US Senate would have to hold a trial and vote by a 2/3 majority to remove a judge from office. That would require 67 votes and Democrats and Socialists only control 53 votes – so if the “trial” was purely a partisan show trial, there would not be votes to convict – however it would distract Congress and provide a circus akin to the Anita Hill fiasco.