So, a crotchety old lady spouts off about a Republican presidential candidate. What’s the big deal?
I’ll tell you the big deal: Her public opposition against a political candidate violates the Code of Conduct for United States Judges. Open the link and read Canon 5: A Judge Should Refrain from Political Activity. To wit, (A) General Prohibitions. A judge should not (2) make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office.
But, are not Supreme Court justices appointed for life? In a word. No.
Article III, Section 1 says, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…”. You see, they get to keep their jobs so long as the behave properly and the behavior of ALL federal judges is written in common English in the aforementioned Code of Conduct for United States Judges.
Well, you convinced me she behaved poorly, unethically to be exact. So, what’s to be done to be rid of her? Thanks for asking. Here’s the answer.
The U.S. Constitution, Article I, Section 3, paragraphs 6 and 7 stipulate:
“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
The one impediment I see is the new standard of guilt being pushed by the Obama administration: If intent cannot be proven, the person who violates the law or the Constitution cannot be prosecuted. Of course, I say this last statement tongue in cheek.
The big question is how the U.S. Senate will react, respond to this ‘supreme’ failure. The following John Denver song seems appropriate.
My bags are packed, I’m ready to go…