President Donald Trump and his supporters have been pushing for the impeachment of U.S. District Judge James Boasberg following his decision to block the deportation of migrants under the Alien Enemies Act. The President himself recently joined the call, stating on social media, “This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!!” However, Supreme Court Justice John Roberts issued a rare statement criticizing Trump and his allies for targeting judges who rule against the administration. Roberts emphasized that impeachment should not be used as a response to judicial decisions disagreed with, but rather reserved for cases involving criminal conduct or behaviors that hinder a judge’s ability to perform their duties.
Several House Republicans have introduced impeachment resolutions against judges who ruled in ways unfavorable to Trump allies, including Judge Boasberg. Other judges facing impeachment threats include U.S. District Judges Engelmayer, Bates, and Ali. The process for impeaching a federal judge involves introducing a resolution, referral to the Judiciary Committee, investigation, markup of articles of impeachment, and a vote in the House. If a majority votes to impeach, the articles are transmitted to the Senate for a trial.
The triggering of a trial would depend on the desires of the Republican leadership. Some trials are conducted solely on the Senate floor, such as the two impeachment trials of Trump, which could last for days or weeks depending on the complexity of the case. Lengthy investigations or trials would likely be conducted off the floor.
In some cases, like the last trial of a federal judge, the matter would be referred to an impeachment committee to gather evidence, interview witnesses, and provide a recommendation to the full Senate. The Senate would then vote on whether to convict.
Impeaching a federal judge in the Senate would require a two-thirds majority vote for conviction, making it highly unlikely, especially if the impeachment is related to a decision made by President Trump. Given the current Senate breakdown with 53 Republicans and 47 Democrats, it would be practically impossible for 14 Senate Democrats to vote with Republicans for conviction.
Impeachment of federal judges has occurred before, with 15 judges being impeached by the House. Of these, eight were convicted by the Senate, four were acquitted, and three resigned before a Senate vote. These impeachments have typically been due to corruption or criminal behavior committed while serving on the bench.
The constitutional grounds for impeachment of federal judges include “Treason, Bribery, or other high Crimes and Misdemeanors,” which can encompass abuse of power or conduct warranting removal from a position of public trust. The interpretation of “high crimes and misdemeanors” is subject to political interests, institutional dynamics, and public accountability.
The most recent impeachment of a federal judge was in 2010, when G. Thomas Porteous was convicted on charges of bribery and false statements. The House unanimously passed four articles of impeachment, leading to his conviction and disqualification from holding future office by the Senate.
The Manager served as a House member, and at that time, Senator Claire McCaskill, a Democrat from Missouri, chaired the Senate committee tasked with investigating the articles.
