Retired Supreme Court Justice Says Impeaching Judges Over Decisions Doesn’t Work

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The former justice, Stephen Breyer, responded to a federal judge’s decision on the government’s deportation efforts.

Former U.S. Supreme Court Justice Stephen Breyer responded to congressional calls to impeach judges who issue rulings that congressional members disagree with, amid controversial orders issued against the Trump administration in recent weeks.

During an appearance on CNN on Wednesday, Breyer was asked by host Wolf Blitzer about President Donald Trump and other Republicans’ calls to impeach U.S. District Judge James Boasberg over his order to suspend flights of illegal immigrant gang members out of the country.

“What do you think the losing side thinks of the judge or the judge’s decision? Naturally, they think it’s wrong,” he told CNN. “And judges are wrong sometimes. So, what does that person do? He appeals, he asks for a special writ in some cases, but he gets others to review the decision.”

On March 15, Trump issued a proclamation that he is invoking the 1798 Alien Enemies Act and speeding up deportations of members of the Venezuelan transnational gang Tren de Aragua, a foreign terrorist organization. Boasberg quickly blocked Trump from using the law, which typically has been used by presidents during times of war.

“You decide what you think is correct in the law. Period,” Breyer also said about a Judge’s decision. “You don’t want a judge to be looking over his shoulder to public opinion.”

The U.S. legal system won’t work if impeachment efforts are initiated against judges over their decisions, Breyer said, citing a statement issued earlier this week by Chief Justice John Roberts in response to calls for impeachment of Boasberg.

“But, you know, he’s trying to explain to the people of this country how the legal system works and how it doesn’t work,” Breyer said. “It doesn’t work by impeaching a judge because you don’t like his decision.”

Instead, Trump and other officials should “move on in the legal process” and appeal the judge’s decision, Breyer said.

By Jack Phillips

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