The Constitution indicates that federal judges can be impeached and removed from office for ‘treason, bribery, or other high crimes and misdemeanors.’
The question of the constitutionality of impeaching judges has surged to the top of political conversation following a call by several officials to remove what they’ve termed “activist judges” from the bench.
Several of the Trump administration’s policies to reduce federal spending and downsize the government have been tied up in courts, where judges issued orders and rulings to block or slow the policies’ execution.
Billionaire Elon Musk, who heads the advisory body Department of Government Efficiency (DOGE) and has been targeted by several lawsuits, stirred questions when he called out the judges who ruled against the administration.
“We must impeach judges who are grossly undermining the will of the people and destroying America. It is the only way,” he wrote on social media platform X.
Musk and others have long voiced concern that some members of the United States judiciary could use their position to promote causes they believe in rather than enforce laws.
The practice, often referred to as “legislating from the bench,” has been seen as judges taking upon themselves a duty to correct what they perceived to be an unacceptable move by the executive or legislative branches.
Rep. Andrew Clyde (R-Ga.) announced Feb. 12 his intention to file articles of impeachment against federal judges who blocked President Donald Trump’s federal funding freeze.
“I’m drafting articles of impeachment for U.S. District Judge John McConnell Jr.,” Clyde wrote on X. “He’s a partisan activist weaponizing our judicial system to stop President Trump’s funding freeze on woke and wasteful government spending. We must end this abusive overreach.”
In an earlier post, he said there was a “constitutional crisis” taking place in the judicial branch.
“Activist judges are weaponizing their power in an attempt to block President Trump’s agenda and obstruct the will of the American people.”
The Georgia Republican has been joined by Rep. Eli Crane (R-Ariz.), who shared on X Feb. 13 that he and Clyde have filed articles of judicial impeachment against some judges.
