New York Representative Alexandria Ocasio-Cortez’s (AOC) recent announcement of impeachment charges against the US Supreme Court’s two most conservative justices appears entirely political in both motive and timing. Democrat Senators have sought to tag-team with AOC by calling for a special counsel investigation of the same justices in an effort seemingly designed to give a politically sputtering President Biden time to catch some oxygen. Both attempts threaten the fundamental principles of US constitutional law. However, they will almost certainly fail to unseat Justices Samuel Alito and Clarence Thomas or to distract voters from a visibly deteriorating commander-in-chief.
Only one US Supreme Court Justice was ever the subject of impeachment proceedings: Samuel Chase, in 1804. Chase was impeached in the House, but the Senate declined to convict. The effort by Thomas Jefferson and others to undermine Samuel Chase in 1804 bears remarkable parallels to AOC’s “watch-the-birdie” impeachment initiative and provides a strong indication that her virtue-signaling effort is similarly fated to failure.
The impeachment of Samuel Chase was overtly partisan, likely motivated in part by resentment by a Jefferson presidency eager to consolidate power but foiled by the previous year’s Supreme Court decision in the seminal case of Marbury v. Madison. Marbury addressed Jefferson’s ability to undermine the judicial appointments of his predecessor, John Adams. Jefferson lost. The filing of impeachment charges against Chase was an effort to compel Court subservience at a time when Jefferson’s Democratic-Republican Party was in control of both legislative chambers and could potentially impeach using solely its membership. […]
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