Axios Explains: Supreme Court justices can be removed, but it's not easy
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Supreme Court justices face calls for tightened ethics. Photo: Anna Moneymaker/Getty Images
Supreme Court justices have faced stark and growing concern over ethics violations, prompting a call for the impeachment of conservative justices Clarence Thomas and Samuel Alito.
The big picture: Impeaching a Supreme Court justice is possible but not easy.
The latest: Rep. Rashida Tlaib (D-Mich.) on Thursday said the court has a "corruption crisis" and called for Thomas and Alito's impeachment.
- Both justices have refused calls to recuse themselves from cases related to Jan. 6 and former President Trump.
Catch up quick: On Thursday, the Senate Judiciary Committee said it found at least three trips taken by Thomas paid for by GOP megadonor Harlan Crow, undisclosed in financial forms.
- Earlier this month, he officially disclosed two 2019 trips paid for by Crow that he had previously failed to report.
- Meanwhile, Alito has been under scrutiny for an upside-down flag flown outside of his Virginia home and an "Appeal to Heaven" flag outside his New Jersey vacation home. Both flags are symbolic links to the Jan. 6 Capitol attack.
Zoom out: As Axios court watcher Sam Baker has reported, impeaching a judge works like impeaching a U.S. president.
- The House's articles of impeachment are like misconduct charges. If a majority of House members vote to impeach, then the Senate conducts a trial.
- Two-thirds of the Senate must find the person guilty for removal from office.
Between the lines: The Constitution says officials can be impeached for "high crimes and misdemeanors," without defining specifics.
- That means it is up to the interpretation of the House and Senate.
Flashback: Justice Samuel Chase was the only SCOTUS justice ever impeached in 1805, but he was acquitted by the Senate.
- He was accused of "refusing to dismiss biased jurors and of excluding or limiting defense witnesses in two politically sensitive cases."
Context: Before Justice Brett Kavanaugh joined the court, Democrats pondered removing him after his confirmation — an unrealistic goal.
- Similar to now, Thomas faced calls for impeachment last year after ProPublica's investigation revealed his ties to Crow.
Go deeper: Clarence Thomas took more undisclosed trips, Senate committee finds
