Quora
quora.com › If-a-federal-judge-rejects-a-ruling-by-the-Supreme-Court-can-the-Supreme-Court-remove-that-judge
If a federal judge rejects a ruling by the Supreme Court, can the Supreme Court remove that judge? - Quora
Federal judges can be disciplined. They cannot be removed unless they are successfully impeached by Congress. I doubt seriously that a judge would be successfully impeached for challenging the Supreme Court.
Congress.gov
constitution.congress.gov › browse › essay › artIII-S1-2-1-3 › ALDE_00000686 › ['impeachment']
Good Behavior Clause Doctrine | Constitution Annotated | Congress.gov | Library of Congress
The meaning of the Good Behavior Clause has been the subject of long-standing debate. Some have argued that the phrase denotes an alternative standard of removal for federal judges beyond high crimes and misdemeanors that normally may give rise to the · impeachment of federal officers.1Footnote Raoul Berger,
In the United States federal judiciary, is impeachment and conviction by the Senate the only means to remove a judge?
NAL. Today, the Constitution outlines the only way to remove a federal judge from office. In order for there to be another, a Constitutional Amendment would have to be passed saying as much, or at least allowing for Congress to adopt an alternative through legislation. TLDR: no, the Constitution does not allow a law to simply add another way to remove a federal judge. More on reddit.com
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October 15, 2023If the Supreme Court can ignore 50 years of precedent, can't other judges just ignore this decision?
Precedent is binding on lower courts. Only a court of the same level or higher can disregard precedent. A court on the same level that ignores precedent set by another court of the same level can create a"split circuit" that will virtually guarantee Supreme Court review. For example, a Federal district court in the Southern District of Texas is overseen by the 5th Circuit Court of Appeals. A Federal district court in the Central District of California is overseen by the 9th Circuit Court of Appeals. If the 5th Circuit interprets a law one way, this is binding on all district courts in the 5th circuit. This precedent is "persuasive authority" but not mandatory on other circuits, including the 9th circuit. If the 9th circuit rules another way, this is a "split in the circuits" and the Supreme Court will probably take both cases up to solve the discrepancy and create binding precedent on all courts. This also occurs at the state level between state appellate courts that will end up getting resolved by the state's Supreme Court. The US Supreme Court can also overrule a state supreme court on Federal questions. More on reddit.com
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May 4, 2022How do we as citizens get rid of a Supreme Court justice that has exhibited unethical behavior?
A Supreme Court justice can only be removed by impeachment and conviction for high crimes and misdemeanors. While Congress is given essentially complete discretion at what behavior entails "high crimes and misdemeanors," there is (I hope) a general consensus that it would be for actual crimes and not simply decisions that one side politically disagrees with. More on reddit.com
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October 24, 2022Can Supreme Court Justices be Impeached?
Welcome to r/ask_politics . Our goal here is to provide educated, informed, and serious answers to questions about the world of politics. Our full rules can be found here, but are summarized below. Address the question (and its replies) in a professional manner Avoid personal attacks and partisan "point scoring" Avoid the use of partisan slang and fallacies Provide sources if possible at the time of commenting. If asked, you must provide sources. Help avoid the echo chamber - downvote bad/poorly sourced responses, not responses you disagree with. Do not downvote just because you disagree with the response. Report any comments that do not meet our standards and rules. If you have any questions, please contact the mods at any time. I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns. More on reddit.com
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June 24, 2022Justia
law.justia.com › constitution › nebraska › c0105030000.html
Section V-30, Judges; discipline; removal from office; grounds; procedure. :: Nebraska Constitution :: Nebraska Law :: US Law :: Justia
The Supreme Court shall make such determination as it finds just and proper, and may order the reprimand, discipline, censure, suspension, removal, or retirement of such Justice or Judge of the Supreme Court or other judge, or may wholly reject ...
Congress.gov
constitution.congress.gov › browse › essay › artIII-S1-8-5 › ALDE_00013561
Congressional Power to Abolish Federal Courts | Constitution Annotated | Congress.gov | Library of Congress
Historical practice suggests that Congress may abolish lower federal courts, though the Constitution may limit its ability to unseat current federal judges in doing so. The Constitution provides that federal judges shall hold their Offices during ...
EBSCO
ebsco.com › research-starters › law › impeachment-judges-and-supreme-courts-role
Impeachment of judges and the Supreme Court's Role | Law | Research Starters | EBSCO Research
Impeachment of judges is a constitutional process through which federal judges, including those on the Supreme Court, can be removed from office for engaging in misconduct. This procedure is outlined in Article II of the U.S. Constitution, which ...
Brennan Center for Justice
brennancenter.org › our-work › analysis-opinion › impeachment-and-removal-judges-explainer
Impeachment and Removal of Judges, Explained | Brennan Center for Justice
Most states’ procedures for the impeachment and removal of judges are similar to the federal approach (see Pennsylvania, for example), requiring a majority vote of the lower house in the legislature and a two-thirds vote of the upper house. But in some states (including New York and Nebraska), the trial following impeachment is conducted by a court comprised of state officials and/or state judges.
Northwestern Pritzker Law
law.northwestern.edu › faculty › fulltime › pfander › RemovingJudges.pdf pdf
Removing Federal Judges | Northwestern Law
Academics & Clinical · Dhruv Aggarwal, Assistant Professor of Law, Assistant Professor of Finance (Courtesy)
University of Chicago
chicagounbound.uchicago.edu › cgi › viewcontent.cgi pdf
Effective Removal of Article III Judges: Case Suspensions and ...
majority vote of all judges in each circuit. See 28 U.S.C. § 332(a). 52 Barr & Willging, supra note 47, at 29; Robert W. Kastenmeier & Michael J. Re- mington, Judicial Discipline: A Legislative Perspective, 76 KY. L.J. 763, 771–72 (1988). 53 The law does not apply to Supreme Court Justices.
U.S. Courts
uscourts.gov › data-news › reports › handbooks-manuals › a-journalists-guide-federal-courts › judges-and-judicial-administration-journalists-guide
Judges and Judicial Administration – Journalist’s Guide
Each appellate, district, and bankruptcy court has its own set of local rules, addressing procedural matters not uniformly governed by federal statute, Judicial Conference policy, or the Federal Rules of Procedure. In some jurisdictions, individual judges also have a set of rules that govern cases in their courtrooms. Local rules and individual judges' rules are posted on court websites. The Judiciary is a separate and independent branch of government. By statute, national Judiciary administrative policies are set by the Judicial Conference of the United States, which is made up of 26 judges, with the Chief Justice of the Supreme Court presiding.
Office of Justice Programs
ojp.gov › ncjrs › virtual-library › abstracts › removing-federal-judges-alternative-impeachment
REMOVING FEDERAL JUDGES - AN ALTERNATIVE TO IMPEACHMENT | Office of Justice Programs
IT IS ARGUED THAT FEDERAL JUDGES CAN BE REMOVED FROM ACTS OF MISCONDUCT AND/OR MALADMINISTRATION. THE AUTHOR RECOMMENDS THAT LEGISLATION BE INTRODUCED THAT WOULD REDUCE THE ABUSES INHERENT TO A JUDICIARY WHICH IS APPOINTED FOR LIFE AND MAKE IT EASIER TO REMOVE UNFIT OR INCOMPETENT JUDGES.
Reddit
reddit.com › r/legaladviceofftopic › in the united states federal judiciary, is impeachment and conviction by the senate the only means to remove a judge?
r/legaladviceofftopic on Reddit: In the United States federal judiciary, is impeachment and conviction by the Senate the only means to remove a judge?
October 15, 2023 -
The constitution says they serve on good behaviour. Article II says that judges may be impeached, along with the President and Vice President. But in principle, would it also be acceptable for a law to declare that a removal in some other technocratic way based on cause of misconduct and non-good behaviour be acceptable, such as the conference of judges set up under Chief Justice Taft, and a hearing before a discipline committee under them, if this process was established by law?
Top answer 1 of 4
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NAL. Today, the Constitution outlines the only way to remove a federal judge from office. In order for there to be another, a Constitutional Amendment would have to be passed saying as much, or at least allowing for Congress to adopt an alternative through legislation. TLDR: no, the Constitution does not allow a law to simply add another way to remove a federal judge.
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Pretty much, although if a federal judge was sentenced to prison and somehow not impeached and convicted that would present a pretty interesting scenario.
The White House
bidenwhitehouse.archives.gov › home › about the white house › our government › the judicial branch
The Judicial Branch | The White House
July 12, 2022 - The Constitution also grants Congress ... appealed district court cases. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate....
UNC School of Government
sog.unc.edu › sites › www.sog.unc.edu › files › additional_files › Removal of court officials Jan 15.pdf pdf
1 REMOVAL OF COURT OFFICIALS Michael Crowell UNC School of Government
The target judge is · entitled to submit a brief and argue to the court. The Supreme Court may act by majority vote · and can either accept the recommended discipline, remand to the commission for further
Federal Judicial Center
fjc.gov › subject › judicial-discipline
Judicial Discipline | Federal Judicial Center
In 1990, Congress created the National Commission on Judicial Discipline and Removal, whose charge included investigation of problems related to the discipline and removal of life-tenured federal judges, and evaluation of alternatives to current arrangements for judicial discipline and removal, i ... A. Leo Levin, Russell R. Wheeler ... An early review of the origins and development of various formal and informal means of dealing with judicial unfitness in the state and federal courts, with emphasis on the "commission" system.
University of Notre Dame
law.nd.edu › assets › 570963 › good_behaviour_expounded_1_.pdf pdf
Federal judges hold office during “good Behaviour” but ...
June 4, 2024 - victory came with the 1701 Act ... Textual and · Structural Analysis, 72 S. CAL. L. REV. 673, 692 (1999). ... Wilson said that federal judges “may be removed ....
FindLaw
constitution.findlaw.com › u.s. constitution › article 3 › tenure of federal judges
Tenure of Federal Judges - FindLaw
July 15, 2022 - Under the Constitution, federal judges hold their positions during times of "good behavior". This means that federal judges are appointed for life and cannot be removed based on the whims of the executive or legislative branch. But what does ...
State Court Report
statecourtreport.org › our-work › analysis-opinion › judicial-ethics-and-discipline-states
Judicial Ethics and Discipline in the States | State Court Report
December 14, 2023 - Relying on the old Canons of Judicial Ethics as a starting point, the 1972 code’s admonitions were phrased as “shoulds,” not “shalls,” but the preamble made clear that the code was intended to establish “mandatory” standards for emerging disciplinary agencies to enforce. In 1973, the Judicial Conference of the United States adopted the Code of Conduct for U.S. Judges, using the ABA’s 1972 code as a template. The code that the Judicial Conference adopted, however, applied only to judges in the lower federal courts, not to U.S. Supreme Court justices, because the conference lacked regulatory authority over the Supreme Court.
Congress.gov
constitution.congress.gov › browse › essay › artII-S4-4-10 › ALDE_00000697
Judicial Impeachments | Constitution Annotated | Congress.gov | Library of Congress
One impeached federal judge was not barred from future office and subsequently was elected to serve in the House of Representatives, the body that earlier had impeached him.1Footnote See H. Res. 499, 105th Cong. (1988); H.R. Rep. No. 100-810, 105th Cong. 8 (1988). Another judge challenged the adequacy of his impeachment trial in a case that ultimately reached the Supreme Court, which ruled that the case was non-justiciable.2Footnote Nixon v.
Supreme Court of the United States
supremecourt.gov › about › faq_general.aspx
Frequently Asked Questions: General Information - Supreme Court of the United States
The federal circuit courts of appeals and district courts are organized into 13 federal circuits and each Justice is responsible for emergency applications and other matters from one or more of these circuits. For example, individual Justices may be asked to halt the implementation of a circuit court order, set bond for a defendant, or stop the deportation of an alien.
Connecticut General Assembly
cga.ct.gov › 2021 › pub › chap_872a.htm
Chapter 872a - Removal, Suspension and Censure of Judges
Cited. 193 C. 180; 222 C. 799; 240 C. 157. Because Supreme Court is empowered to determine all matters of judicial discipline in the first instance as well as upon appeal of review council's decisions, court's review of review council's legal conclusions is de novo.