Litigation

Op-Ed Cautions Against Bybee Impeachment

By Charlie Hall

An opinion column by Justice at Stake’s executive director, Bert Brandenburg, calls the impeachment of judges for their legal views the “atomic bomb of American politics,” and warns that impeaching federal judge Jay Bybee for his memos on interrogating detainees would set a dangerous precedent.

The column, which appears in the Christian Science Monitor, says:

The Constitution gives the courts extra breathing room, even in stormy or disagreeable circumstances. For example, after flirting with more partisan motives in the early 19th century, Congress has held off on impeaching judges on account of their decisions. And no federal judge has been impeached for conduct that took place before taking the bench, including legal work for the government.

It’s not easy for Congress to discipline itself to keep partisan politics out of the courts. Unraveling that consensus, by attempting to impeach a judge before he or she is found guilty of a crime in court, could trigger an endless blood feud of politically motivated impeachments.

To see the full column, click here.

Full post as published by The Gavel on May 18, 2009 (boomark / email).