Legal Scholars Critique AOC's Impeachment Approach to SCOTUS Justices

 July 15, 2024

Rep. Alexandria Ocasio-Cortez of New York pushes for impeachment against two Supreme Court justices.

A recent move by Rep. Alexandria Ocasio-Cortez to impeach Justices Clarence Thomas and Samuel Alito has been met with strong criticism from several legal experts, The Daily Caller reported.

This Wednesday, the Democratic representative initiated impeachment articles against Thomas and Alito, claiming corruption and fitness concerns. However, despite the enthusiasm, this initiative is widely deemed unlikely to succeed, seen as more of a partisan push rather than a legitimate, ethical challenge.

The Foundations of AOC's Impeachment Effort

Rep. Ocasio-Cortez argues that Justice Thomas' undisclosed gifts from real estate mogul Harlan Crow and his non-recusal in cases involving his wife's interests warrant impeachment. Concurrently, Justice Alito faces criticism for non-disclosure of certain incomes and alleged biases in his judicial decisions, prompted by various media revelations.

John Malcolm of the Heritage Foundation emphasized, "These resolutions against Justices Thomas and Alito are highly speculative, completely unsupported by any articulable evidence." He described the move as an overt attack on the judiciary's independence, aiming to bend the Supreme Court to a partisan agenda.

Moreover, the criticism extends beyond immediate congressional reactions. In-depth reporting last year by the nonprofit ProPublica outlined questionable ethics involving Justice Thomas, which fueled the push by Democrats for sweeping ethics reforms across the Supreme Court. Despite ProPublica's award-winning journalism, skeptics argue the stories were leveraged as part of a larger, partisan-driven narrative against conservative justices.

Historically, the impeachment of federal judges is rare. It has historically been reserved for those accused of serious crimes like bribery, starkly contrasting the current allegations against Justices Thomas and Alito. This historical context suggests that the push for impeachment might blur the lines between legitimate oversight and political rivalry.

Dialogue and Dissent Within Judicial Reform Discussions

Carrie Severino of the Judicial Crisis Network argued that Rep. Ocasio-Cortez's attempt to elevate disclosure discrepancies to the level of high crimes is fundamentally unserious and politically motivated. "She is joining the campaign to discredit the Court because they're trying to build a movement for Congressional power-grabs like packing the Court," Severino said.

The discourse around the justices' behavior has broader implications for the separation of powers and the judicial system's independence. Critics warn that if successful, these impeachment efforts could irrevocably harm these constitutional balances, essential for protecting civil liberties in the United States.

Additionally, other Democratic leaders, like Senator Sheldon Whitehouse and Senator Dick Durbin, have also taken vocal positions against perceived conservative biases within the Supreme Court, further intensifying the political undertones of this judicial critique.

Josh Blackman, a law professor at South Texas College of Law Houston, finds the grounds for these impeachment articles uncompelling, warning that impeaching federal judges for political disagreements could severely damage judicial independence.

In conclusion, this unfolding scenario reaffirms the intricate, often fractious relationship between the United States legislative and judicial branches.

As debates continue, the legal community and public watch closely, aware that the outcomes might redefine the boundaries and interactions of American governance for years to come.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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