• DomeGuy@lemmy.world
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    1 month ago

    The process is only the same because Congress hasn’t bothered to make it easier.

    With a majority sufficient to prevail in impeachment Congress can literally remove any judge from any position for any reason they feel like saying is a “high crime or misdemeanor.” They’re not actually bound by common law or jurisprudence or statute in this, since impeachment of anyone but POTUS is a purely congressional act that cannot be appealed.

    Without that level of supermajority, however, a simple majority act of Congress signed by the president can restructure or constrain any court in the country, including SCOTUS, by making structural or regulatory changes or just defining what “good Behavior” means with, at worst, a jury trial.

    We don’t see the Republicans doing this because the current court is the one they want. But if Hillary Clinton had nominated three justices who were so brazenly corruot the GOP would have overturned Marbury v. Madison if that’s what it would take to remove them.