In response to the Supreme Court’s disastrous 6–3 decision on Monday granting Trump expansive immunity from criminal prosecution, Representative Alexandria Ocasio-Cortez issued a stern condemnation of the court’s “corruption crisis beyond its control” and vowed to issue articles of impeachment against the Supreme Court once Congress reconvenes after Labor Day.
“Today’s ruling represents an assault on American democracy,” Ocasio-Cortez wrote in response to the Supreme Court deciding on Monday that presidents are above the law. “It is up to Congress to defend our nation from this authoritarian capture.” Ocasio-Cortez’s bold declaration prompted a since-deleted response from Representative Veronica Escobar saying, “Count me in,” suggesting there may soon be more lawmakers behind the effort.
Prior to Monday’s ruling in Trump v. United States, the Supreme Court significantly expanded its judicial power and overturned the Chevron doctrine—and then further obliterated modern administrative law in yet another case. The Supreme Court also dismantled a law used to convict hundreds of Capitol rioters on the basis that the relevant subsection of the law comes after an irrelevant subsection, a barely cogent legal argument that conservative justice Amy Coney Barrett described as “textual backflips.”
According to the Constitution, Supreme Court justices “shall hold their Offices during good Behaviour,” meaning justices remain on the Supreme Court until they either step down, die, or are removed by impeachment. Impeaching a Supreme Court justice requires a simple majority vote in the House followed by a conviction in the Senate with a two-thirds majority vote—meaning the success of AOC’s prospective efforts to impeach any Supreme Court justice relies in part on Democrats winning control of the House and substantially increasing their majority in the Senate, as well as ginning up enough support to pursue impeachment in the first place.
The only Supreme Court justice ever to be impeached was Samuel Chase in 1804. The House successfully passed articles of impeachment against Chase on charges that he used his position to promote his political agenda, which at the time the House’s impeachment articles described as “tending to prostitute the high judicial character with which he was invested, to the low purpose of an electioneering partizan.” Despite the House’s successful impeachment vote, the Senate later acquitted Chase.
It’s unclear whether the articles of impeachment Ocasio-Cortez intends to file would be levied against all six conservative justices behind the majority opinion in the immunity ruling, or whether the effort would focus on specific justices, such as Clarence Thomas and his chronic failure to disclose gifts from conservative billionaires or Samuel Alito and his wife’s love of far-right flags. Regardless, it’s a massive threat that will take a Herculean effort to pull off.
