Robert ReichThe Supreme Court is off the rails. Some ideas for reform:
1) Enact term limits
2) Enforce ethics standards
3) Require financial disclosures
4) Expand the court
5) Rotate justices
Enough is enough.
Atanae@rbreich Not that you’re wrong, but how? Constitutionally, the only thing you can do is expand the Court. The rest would require Amendments, and those will never pass. Give me a viable path forward, and I’m all ears.
Steven Molnar
darkpoole@MolnarSteven @atanae @rbreich
Article III makes federal judges constitutionally ineligible to stay in their jobs if they aren't on good behavior.
Congress has the power to define misconduct that is inconsistent with good behavior. Congress can also define a judicial process to determine whether a judge has committed misconduct.
Once the process is in place, the Constitution itself would remove the judge from office on proof of misconduct. No impeachment required.
@darkpoole @atanae @rbreich It's true that the Constitution does not use the word "impeach" for SC judges, but I believe this is universally considered to be the process, with the same supermajority required to convict and remove from office. I'm old enough to remember the "Impeach Earl Warren" movement.
@MolnarSteven @atanae @rbreich
Congress can ALSO remove judges by impeachment, but that's an Article I power. It's not the only way to do it.
The Article III method of removal is a judicial process independent of Congress's impeachment power. It's been available since the Constitution was ratified. But Congress needs to define standards and set up the judicial procedure. Congress simply hasn't done so yet.
@MolnarSteven @atanae @rbreich
Shorter summary: Article I impeachment is the political way to fire judges, performed by the political branch.
Article III removal for misconduct is the judicial way to fire judges, performed by the judicial branch.
But Congress needs to pass legislation, signed by the president, to enable judicial removal.
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