Is Impeachment the Answer for Supreme Court Justices Alito and Thomas?

The Issue at Hand

Justices Samuel Alito and Clarence Thomas have become the subject of criticism from the public and legal practitioners on account of their partisan behavior and lack of ethics. The Justices’ actions have, in turn, reduced the public’s confidence in the United States Supreme Court. However, finding a solution for this problem has been a daunting task. Efforts such as requiring the Justices to recuse themselves in cases where there is a blatant conflict of interest or passing bills like Senator Sheldon Whitehouse’s Supreme Court Ethics, Recusal, and Transparency Act have failed. Recently, Representative Alexandria Ocasio-Cortez suggested that impeachment of the two Justices may be the way to address their ethical violations.

The History of Impeachment of Supreme Court Justices

Historically, it is a rare occurrence for a Supreme Court Justice to be impeached. Since America’s independence, only one Supreme Court Justice has ever faced impeachment, namely Associate Justice Samuel Chase, who was impeached in 1804 following allegations of arbitrary and oppressive conduct. Chase was eventually acquitted. Chief Justice Earl Warren was the subject of an impeachment movement in the 1960s when conservative groups accused him of leading the Supreme Court astray. However, the movement did not succeed, and no further attempts at impeachment occurred until 1968 when Associate Justice Abe Fortas was nominated to succeed Chief Justice Earl Warren.

Abe Fortas Scandal and Its Link to the Current Situation

The Abe Fortas scandal has parallels to the cases of Samuel Alito and Clarence Thomas. In 1968, Fortas, an Associate Justice, was nominated to be the next Chief Justice. However, he withdrew his candidacy after it emerged that he had received payments from a foundation focused on civil rights and religious freedom. Although Fortas had returned the payment received, Democrats and Republicans in Congress demanded his resignation. Fortas resigned, citing the paramountcy of the welfare and effectiveness of the court. In Alito and Thomas’ case, impeachment has been suggested due to their refusal to recuse themselves from cases where they have personal interests.

The Allegations in the Articles of Impeachment

Justice Alito and Thomas have been accused of acting unethically and violating the code of conduct of the Supreme Court. Justice Alito is accused of refusing to recuse himself from election-related cases, a possible violation of the law requiring Justices to recuse themselves where their impartiality could be called into question. He is also accused of failing to disclose information about luxury travel paid for by a Republican donor with interests before the court. Justice Thomas is accused of committing high crimes and misdemeanors by failing to disclose gifts he received from billionaire Harlan Crow and participating in cases where his wife, Viginia Thomas, has financial and legal interests.

The Likelihood of Success in Removing the Justices

Although impeachment seems an unlikely solution, the gravity of the situation cannot be ignored. The Justices’ partisan behavior and ethical violations undermine American democracy and the rule of law. Impeachment may be a necessary action in this case to maintain the integrity of the Supreme Court. Although it is unlikely that impeachment will succeed, initiating the process of impeachment sends a message that ethical violations will not be tolerated.

In conclusion, the calls for Justice Samantha Alito and Justice Clarence Thomas’ impeachment cannot be swept under the rug. Their actions threaten to undermine the very foundations of American democracy and the rule of law. While a successful impeachment may be unlikely, highlighting their ethical violations through this process will discourage a culture of partisanship and unethical behavior in the Supreme Court.

**Long-tail Keywords:**
– Impeachment for Supreme Court Justices.
– Articles of Impeachment against Justice Alito and Justice Thomas.
– Ethics and impartiality of Supreme Court Justices.
– Supreme Court Justice impeachment history.
– Constitutional violation by Supreme Court Justices.

Originally Post From https://verdict.justia.com/2024/07/12/should-justices-alito-and-thomas-be-impeached

Should Justices Alito and Thomas Be Impeached Justia’s Verdict