Has a Supreme Court justice ever been impeached? The process, explained.

Supreme Court justices may serve for life, but they aren’t immune to removal from office. Rep. Alexandria Ocasio-Cortez, D-N.Y., filed articles of impeachment against Supreme Court Justices Clarence Thomas and Samuel Alito earlier this week over alleged ethics violations and political bias.

And before that, Democratic Sens. Sheldon Whitehouse of Rhode Island and Ron Wyden of Oregon asked Attorney General Merrick Garland to investigate Thomas regarding potential federal tax or ethics law violations.

With a Republican majority in the House, the impeachment effort is unlikely to succeed. But what would it look like if it did?

Has a Supreme Court justice ever been impeached?

Yes. Associate Justice Samuel Chase was impeached by the House in 1805 but later acquitted by the Senate. Chase was a staunch Federalist who was accused of refusing to dismiss biased jurors, promoting his own political agenda and excluding defense witnesses in politically sensitive cases, according to the Senate Historical Office. 

Prompted by President Thomas Jefferson, Representative John Randolph of Virginia brought forward the impeachment proceedings, “...declaring he would wipe the floor with the obnoxious judge.” The Representatives who served as trial managers hoped to show Chase had "behaved in an arbitrary, oppressive, and unjust way by announcing his legal interpretation on the law of treason before defense counsel had been heard." 

But Chase’s team of top attorneys convinced several undecided senators that he should not be removed from office. The vote ultimately fell short of the two-thirds required for conviction, and Chase resumed his duties on the bench.

Can a Supreme Court justice be removed?

Yes, but not easily. Supreme Court Justices have a lifetime appointment, meaning they’re on the bench until they choose to step down or die. They can only be removed by impeachment.

What is the process to impeach a Supreme Court justice?

The House of Representatives has the power to charge a justice with articles of impeachment, while the Senate holds the trial. 

Ocasio-Cortez took the first step when she brought forth articles of impeachment against Thomas and Alito. The next step is a vote in the House. They’ll need a simple majority to confirm the impeachment. After that, the Senate holds an impeachment trial. Like with any other federal official, two-thirds of the Senate must vote to impeach a Supreme Court Justice.

If the Justice is found guilty, they are removed from office. If not, they continue to serve.

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