On July 10, articles of impeachment were introduced against Supreme Court Justices Clarence Thomas and Samuel Alito. This follows a period of historic unpopularity for the Supreme Court, and may have ramifications stretching beyond just the judicial branch of government.
The articles against the two justices were brought on grounds of refusal to recuse from cases in which they held personal bias — with Justice Thomas specifically being singled out for failing to recuse in matters that involved his spouse’s legal and financial interests — and for failure to disclose relevant information relating to financial income, gifts and property interests.
This isn’t the first time articles of impeachment have been brought against a Supreme Court Justice. As early as 1804, impeachment proceedings commenced against Justice Samuel Chase. Justice Chase faced allegations of refusing to dismiss biased jurors and excluding or limiting defense witnesses, but defended himself from the allegations sufficiently to maintain his seat until his death in 1811.
However, the ramifications of impeaching justices Thomas and Alito may go beyond the magnitude of Justice Chase’s case. Following confirmation that Donald Trump will be facing Joe Biden for the presidency this year, former President Trump’s ongoing legal cases gain significant political weight. Currently, six of the nine justices on the Supreme Court — Justices Thomas and Alito included — are Republican appointees. Assuming the motion passes both the House impeachment vote and Senate conviction vote quickly enough for current President Biden to appoint replacements, the court would (presumably) go from a conservative supermajority to a liberal majority — in other words, the court would become far less favorable for Trump.
Furthermore, a change in the makeup of the court could prompt a revisit to controversial decisions, such as the infamous overturn of Roe v. Wade in 2022.
The matter is far from settled, though. The case must face votes in the House and Senate before action is taken, if any ever is. Notably, in the aforementioned case of Justice Chase, the House voted to impeach in March of 1804, and the Senate acquitted the next year on March 1, dragging the procedure to almost a full year in length.
