Representative Alexandria Ocasio-Cortez filed impeachment articles against U.S. Supreme Court Justices Clarence Thomas and Samuel Alito on Wednesday. This move follows the court’s recent ruling on presidential immunity.
In a statement, Ocasio-Cortez expressed concern: “The unchecked corruption crisis in the Supreme Court has escalated into a constitutional crisis that jeopardizes American democracy as a whole.”
Justices Clarence Thomas and Samuel Alito have repeatedly refused to recuse themselves from important cases despite documented financial and personal ties, posing a serious threat to American law and democracy. Representative Ocasio-Cortez’s impeachment articles, supported by seven other Democratic House members, reflect concerns over this conduct.
This action follows a request from Democratic Senators Sheldon Whitehouse and Ron Wyden for the Department of Justice to investigate Justice Thomas for potential ethics and tax violations.
Passing articles of impeachment requires a majority vote in the House, followed by a Senate trial where a two-thirds supermajority is needed for conviction. Given the current party balance in both chambers, these outcomes appear unlikely.
Since the Supreme Court began, only one justice, Samuel Chase in 1805, has faced impeachment, but he was cleared by the Senate. Though no Supreme Court justice has been successfully removed, federal judges have been impeached 15 times in U.S. history.
How does impeaching a Supreme Court justice work?
According to the Constitution, Ocasio-Cortez could pursue impeachment against Thomas and Alito for ‘Treason, Bribery, or other high Crimes and Misdemeanors,’ or possibly under Article 3, which requires federal judges to ‘hold their Offices during good Behaviour.’
If that seems unlikely, there’s also a history of justices resigning under pressure. In 1969, Abe Fortas stepped down when faced with impeachment threats after a financial scandal involving securities fraud damaged his career.”