There is talk in some circles about impeaching our new supreme court justice.
Our constitution allows him to hold office “during good behavior”.
In our nation’s history we have never had a case where a supreme court justice was brought up on impeachment charges for behavior allegedly committed before taking office.
The question of whether a justice can be impeached and convicted for actions committed before taking office is thus an open one.
In a practical sense however the chances of removing a justice for past acts has little chance of success.
Firstly a majority of the members of the house of representatives would have to vote to impeach.
Then a trial would occur in the senate and would require 60 out of 100 votes in order to convict.
Then, because the process could be challenged, our supreme court might vote to hear the case.
Would the sitting justices allow themselves or future justices to be exposed to politically motivated removal? I doubt it.
Judicial independence from political movements is a cornerstone of our system.
We deserve better