Following the Supreme Court’s contentious decision granting former President Donald Trump potential immunity from post-2020 election prosecution, Representative Alexandria Ocasio-Cortez (D-NY) has announced plans to draft articles of impeachment against the justices, as reported by the Washington Examiner on July 1, 2024.
Ocasio-Cortez condemned the Court’s ruling as “an assault on American democracy” and asserted Congress’s duty to “defend our nation from this authoritarian capture” in a social media post on X.
Impeaching a Supreme Court justice is a rarely utilized power granted by the U.S. Constitution. Article II, Section 4 outlines the grounds for impeachment, stipulating removal for “Treason, Bribery, or other high Crimes and Misdemeanors” among civil officers of the United States.
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Though impeachments of presidents and vice presidents are well-documented, only one Supreme Court justice, Samuel Chase, faced impeachment by the House of Representatives in 1805, later acquitted by the Senate.
The criteria for impeaching a Supreme Court justice, while not explicitly defined, generally encompass serious misconduct like corruption, abuse of power, or ethical breaches. Critics, including Ocasio-Cortez, accuse the current justices of exceeding their authority and undermining democratic principles with their recent decisions.
The decision to grant Trump potential immunity has sparked widespread criticism, viewed by many as a politically motivated maneuver prioritizing the former president’s interests over legal integrity.
Should the House of Representatives proceed with impeachment, the Senate would hold a trial, requiring a two-thirds majority vote to convict and remove a justice from office.
Rep. Ocasio-Cortez’s initiative underscores a rare and consequential step in American governance, reflecting heightened calls for accountability and the preservation of democratic norms in the face of judicial actions perceived as overreaching.
As debates intensify over the Supreme Court’s role and congressional oversight, the possibility of impeachment serves as a pivotal battleground in safeguarding constitutional principles and restoring public trust in judicial integrity.
