The time has come for the impeachment of Justices Thomas and Scalia. I know that by now most of you are say what? Although no Justice of the Supreme Court has ever been impeached and most people believe that a judge once appointed and confirmed is there for life or until they decide it is to retire and perhaps the Justices themselves believe they are untouchable the simple fact is they can be removed from office. Article III section I which establishes the court states in part ” The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour” The operative phase here is “shall hold their Offices during good Behaviour” when a Justice or a judge behave in a manner which undermines the integrity of the court they are not in good Behavior.
The cornerstone of not only our judicial system and the Constitution rest squarely on the people belief in the integrity of the court and thus acceptance of the Courts pronouncements as the final arbitrators of not only the law but the Constitution. When the “Behavior” of a judge or a Justice for that matter bring into question the integrity of the judge or Justice it brings into question those very pronouncements and there validity, That is why we have rules of conduct for judges which limit what they can say, what sort of political events they can be associated with etc. even though no misconduct has occurred the appearance of misconduct in and of its self brings the courts integrity and thus it’s authority into question.
Justices Thomas and Scalia have been particularly flagrant in conduct which brings into question not only their integrity but the integrity of their pronouncements and the integrity of the Court it’s self. Impeachment does not mean they will be automatically removed from the bench, they would receive a trial and be held to account for their action and should they not be convicted returned to the bench However should they be convicted they would forfeit their position. In either case the American people would be the winners as it would serve as a wakeup call to the court that they to are accountable.