Saturday, March 22, 2025

Court Jester

John Roberts has undermined his own Court:
Judicial impeachment is a well-established remedy for rogue judicial behavior that goes back to the Jefferson presidency in the early 1800s. It is explicitly countenanced by Article III of the constitutional text, which states that federal judges shall sit only "during good Behaviour." And impeachment is here, there and everywhere a fundamentally political judgment: It is appropriate, Alexander Hamilton wrote in The Federalist No. 65, where there has been "abuse or violation of some public trust." That is not a legally justiciable standard — it is the bailiwick of politicians, who must exercise prudence and discernment. Roberts' most recent outburst is even more absurd given the specific legal context of Boasberg's standoff with Trump. In this instance, Boasberg ruled against the president's ability to enforce the nation's immigration laws.
He doesn't want the law doing its job for him...

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