DOJ Seeks Examples of 'Judicial Activism' to Weigh Impeachment Referrals

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The Department of Justice has solicited examples of 'judicial activism' from U.S. attorneys' offices across the country, as the administration considers referring federal judges to Congress for potential impeachment. This marks a dramatic escalation in the DOJ's fight against judges it views as obstructionist or overstepping their authority.

Why it matters

This move represents a new avenue for the executive branch to confront the judiciary, by turning to Congress - which has sole authority over impeachment - to potentially remove federal judges from the bench. It highlights growing tensions between the DOJ and the judiciary, particularly over high-profile immigration cases where judges have ruled against the administration's policies.

The details

During a recent virtual meeting with U.S. attorneys, Associate Deputy Attorney General Aakash Singh raised the possibility of referring federal judges to Congress for impeachment. Singh asked the U.S. attorneys to compile examples of issues they have had with judges, which the DOJ could then use to determine if referring judges for impeachment was appropriate. A DOJ spokesperson confirmed the effort, stating the administration is 'facing unprecedented judicial activism from rogue judges who care more about making a name for themselves than acting as impartial arbiters of the law.'

• The meeting where impeachment was discussed took place recently.
• The DOJ has been managing hundreds of lawsuits, many related to the administration's immigration policies, and has faced frequent adverse rulings from lower court judges.

What’s next

The DOJ's referrals, if made, would be sent to the House, which must then vote on impeachment. Impeachment of federal judges is extraordinarily rare, with the House having only ever impeached 15 judges, typically for crimes like corruption and bribery.