Brendan Mohan (University of Akron - School of Law) has posted Impending Impeachments on SSRN. Here is the abstract:
This article examines the impeachment trial of Justice Samuel Chase and its continued influence on debates over judicial impeachment, President Andrew Jackson’s defiance of the Supreme Court’s decision in Worcester, and how today’s calls to impeach or ignore federal judges’ rulings echo the early confrontations over judicial independence seen in the 19th century. As disputes over perceived judicial decisions intensify, the precedents set by Chase and Jackson remain increasingly relevant today, shaping modern conversations and debates around impeachment, the potential for the executive branch’s defiance of judicial decisions, and Congressional efforts to curb judicial power. Part I analyzes the legacy of Chase’s impeachment and Jackson’s defiance, challenging revisionist accounts that downplay their role in restraining congressional and executive overreach. Part II examines how Chase’s criminality standard influenced judicial impeachment cases throughout the history of the United States. Part III reviews current proposals to impeach judges for partisan rulings or ethics concerns, alongside increasing calls advocating for the defiance of court decisions. Finally, Part IV contrasts historical precedents with today’s climate, highlighting how today’s accusation of judicial partisanship differs significantly from earlier eras, and ends with assessing recent congressional proposals aimed at limiting judicial reach. This article concludes by arguing that while these reforms aim to ultimately limit the power of the judicial branch, these measures offer a more stable path for preserving the rule of law than impeachment proceedings and disregard of federal judges’ decisions perceived as partisan.
Highly recommended.
