Protecting the Judiciary Against This Ill-Advised “Impeachathon”

Courtney Buble reports that three members of Congress hosted an “impeachathon.”  GOP Reps. Criticize Judges At ‘Impeachathon’ – Law360 (Feb. 26, 2025). The Law360 article states that:

Judges for whom they’ve either drafted or are working on drafting articles of impeachment for are: U.S. District Judges John Bates of the District of Columbia, Paul Engelmayer of the Southern District of New York, Amir Ali of the District of Columbia and John McConnell Jr. of the District of Rhode Island.

They also listed seven other judges as “wanted,” including U.S. District Judges Brendan Hurson of the District of Maryland, Loren Alikhan of the District of Columbia, Joseph Laplante of the District of New Hampshire, Deborah Boardman of the District of Maryland, George O’Toole of the District of Massachusetts, Jeannette Vargas of the Southern District of New York and John Coughenour of the Western District of Washington.

The article states: “In response, Rep. Zoe Lofgren, D-Calif., a member of the House Judiciary Committee, wrote, ‘Impeaching judges over rulings is an unconstitutional power grab that shatters judicial independence,’ noting that if litigants don’t agree with a ruling, they can appeal.”

I have written several blogs making the same point plus noting the factual deficiencies in the impeachment efforts:

• Protecting the Judiciary –  Article of Impeachment:  “It’s Déjà vu All Over Again”[1]
• Protecting the Judiciary From Another Dangerous, Fact-Free Impeachment Demand
• Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed
• Protecting the Judiciary and the Rule of Law

In summary, each blog points out that the impeachment effort distorts the judicial rulings that were actually made.

Each of them echoes the Letter from Paul W. Grimm Regarding Threats and Attacks on Judges.

Recently, the Hon. Michael Posner wrote Opinion | A Judge Warns Against Growing Threats to Judges – The New York Times (Feb. 27, 2025).

While not focused on impeachment, Judge Posner wrote that protecting the Judiciary “is not a partisan issue.”  His Honor is correct.  As I wrote in a prior blog, it is a patriotic duty.  Judge Posner wrote that the “threats are also deeply unpatriotic.”

Judge Posner added:

Criticism is one thing, and I’ve expressed my share of it. As [Chief Justice Roberts’] report says, with admirable understatement: “It is not in the nature of judicial work to make everyone happy.” But physical threats and harassment, whether spat out directly or launched sideways, with a deniable wink or curled lip, are entirely different. Since judges are not going to be deterred or influenced by these tactics, attempts at intimidation are not only cowardly, but stupid.

He wrote:

As the chief justice also noted, “Public officials, too, regrettably have engaged in recent attempts to intimidate judges — for example, suggesting political bias in the judge’s adverse ruling without a credible basis.” He warned that “intemperance” in statements by our political leaders about judges “may prompt dangerous reactions by others.” No judge I know would remotely disagree with this. I certainly wouldn’t. [Emphasis added].

My blogs demonstrate the lack of a credible basis for impeachments.

Judge Posner wrote: “My concern is not so much where things are as it is where things sometimes seem to be heading. The existence of an independent judiciary is the difference between a free people and a tyranny.”  [Emphasis added].

His Honor put it succinctly:

Our tripartite Republic (thank you, James Madison) is classically described as a three-legged stool, with Congress, the president and the courts as its three supports. Break or badly damage one leg — say, the judiciary — and the country is in danger of toppling over onto its butt. [Emphasis added].