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Judicial Impeachment


  1. How much of the House must agree to impeach a judge? How much of the Senate must agree to remove a judge?
    A majority of the house (at least 1/2) is needed to approve an indictment to impeach, and a and a 2/3 supermajority of the Senate must convict the judge for him or her to be removed.
  2. Has this process ever been used before for the Supreme Court?  How many times?
    This process has been used for the Supreme Court before. Only one Supreme Court justice, Samuel Chase, has ever been impeached, and the motion to impeach him was part of a motion by Jefferson's Democratic-Republicans to remove a political enemy, though ultimately he was acquitted.
  3. Where in the Constitution does it set up the impeachment process?
    Article II, Section 4 of the Constitution allows the President, Vice President, and any civil officers to be impeached for "treason, bribery, or other high crimes and misdemeanors."
  4. What are the reasons for the impeachments of the 5 most recent judicial impeachments?
    Four of the five justices were impeached after being convicted of certain crimes. For Harry Claiborne, the crime was falsifying income tax returns. Alcee Hastings was first impeached after a for receiving a 150k bribe from the mob to reduce prison sentences for their members. However, he was acquitted in a criminal court and became a judge again. After a second investigation, which convited Hastings of perjury and obstruction of justice, he was impeached again. For Walter Nixon, the crime was perjury. For Samuel Kent, it was obstruction of justice and sexual abuse of female employees. G. Thomas Porteous was the only one impeached without a crime, but the Department of Justice discovered he had accepted bribes and failed to recuse himself cases involving those who bribed him.
  5. Why does the current makeup of the Senate make it unlikely that Supreme Court justices Kavanaugh or Thomas would be removed if impeached today?
    The Senate is controlled by Republicans, some of whom enthusiastically support Kavanaugh, and it is unlikely enough would shift to support Kavanaugh's impeachment. 
  6. Why is it hard to tell which offenses are "impeachable offenses" for a justice?
    There is no definition in the Constitution for a "high crime or misdemeanor." Precedent shows that it is not necessarily an action which disgraces an office. Thus, ultimately Congress decides the definition of "impeachable offense".

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