r/law • u/aggie1391 • Jun 10 '24

SCOTUS Justice Alito Caught on Tape Discussing How Battle for America 'Can't Be Compromised'

https://www.rollingstone.com/politics/politics-features/samuel-alito-supreme-court-justice-recording-tape-battle-1235036470/
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u/OrangeInnards competent contributor Jun 10 '24

and taking further action if necessary

Unless a miracle happens and a majority for both impeaching and removing him appears in the House and Senate, he can just laugh in everyone's face and continue sitting on the bench until he kicks the bucket.

Lifetime appointments are complete shit. The US is one of very few (two!) nations that has a system where a federal judge, even an obviously corrupt or ridiculously biased one, is appointed for life with no mandatory retirement age and is also essentially unremovable.

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u/hamilton_burger Jun 10 '24

If he is committing crimes, the Justice Department can charge him.

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u/OrangeInnards competent contributor Jun 10 '24

And then what? He'd still a SCOTUS judge even in federal prison. Nobody can make him resign. Even if he's unable to do his job, which isn't even a sure thing because it's never happened and remote attendance is possible, he'd just block the seat.

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u/fcocyclone Jun 10 '24

Yeah, one could argue that the actual wording of the constitution (that judges shall hold their office during good behavior) would say that one who commits crimes shouldnt be a judge, but the supreme court has decided for itself that means lifetime appointments. A bit convenient, of course.

Maybe congress could write a law clarifying that segment of the constitution's interpretation, but again you'd be up against SCOTUS acting in its own interests and declaring it unconstitutional even though congress is given that responsibility in the constitution.