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This is a problem. Judges need accountability. While Congress could impeach a judge, that serves as little deterrent for a judge, given that two-thirds of the Senate would have to vote to remove the judge. In today’s politicized environment, actual consequences in the form of removal are nearly impossible. This is by design to protect the independence of the judiciary. Removal is a serious consequence.
But intermediate forms of discipline should be on the table too. The impeachment process provides no intermediate form of discipline, but under the federal statute, judges can have consequences such as censuring or having no cases assigned to them. On the other hand, the federal statutes do not permit removal. So, the independence of the judiciary can be maintained, even if judicial discipline is made possible for bad rulings.
It is time for Congress to rethink its federal statutes that govern the discipline of judges. It should remove protection for judges who ignore the Constitution, federal law, or the Supreme Court, or operate outside of their authority. It should allow citizens to have an avenue to complain when egregious behavior comes from the federal bench.
My take? Congress has no authority over a separate and equal branch of government outside of what is clearly stated in the Constitution. Impeachment and removal is supposed to be hard, but it can be done. All Congress needs is the will.
Imagine the mayhem that a Harris administration would cause if it had power over judges it disagreed with.
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