# Supreme Court Justice removal process? **URL:** \ **Category:** Factual Questions\ **Created:** [June 23, 2011, 7:37pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600 "2011-06-23T19:37:36Z")\ **Posts on this page:** 18\ **Page:** 1
**Author:** ![yanceylebeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yanceylebeef/32/12290_2.png) [@yanceylebeef](https://boards.straightdope.com/u/yanceylebeef)\ **Post date:** [June 23, 2011, 7:37pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/1 "2011-06-23T19:37:36Z")
So, Think Progress has a very[in depth look](http://thinkprogress.org/progress-report/the-clarence-thomas-scandal/) at Clarence Thomas’ conflict of interest problems and the comparisons to the Abe Fortas resignation in 1969. I know that Think Progress is fairly left on the political spectrum and has a defined agenda, but nevertheless, the evidence appears to be mounting that the justice may have a problem on his hands. Is there an impeachment procedure for removal of a sitting Justice from the Supreme Court? Or would the individual have to resign? ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [June 23, 2011, 7:42pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/2 "2011-06-23T19:42:20Z")
Yes they can be impeached and removed [Samuel Chase](http://en.wikipedia.org/wiki/Samuel_Chase#Impeachment) was impeached. > [@](#): > > The Senate voted to acquit Chase of all charges on March 1, 1805. He is the only U.S. Supreme Court justice to have been impeached ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [June 23, 2011, 7:45pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/3 "2011-06-23T19:45:25Z")
All federal judges, including those on the Supreme Court, are subject to impeachment and removal upon conviction. The last one to be so removed was [Walter Nixon](http://en.wikipedia.org/wiki/Walter_Nixon). The only Supreme Court justice to ever be impeached was Samuel Chase, who was acquitted in 1805. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [June 23, 2011, 7:50pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/4 "2011-06-23T19:50:32Z")
Resignation is an alternative, though that would be a decision for the judge concerned. It was the decision made by President Nixon in the face of his likely impeachment by the same process as that used for judges and other federal officials. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [June 23, 2011, 7:51pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/5 "2011-06-23T19:51:04Z")
You could shot them; but that would be wrong. Which brings up my followup question; what is the highest level of judge that been shot (or attempted shot)? ---
**Author:** ![SmithCommaJohn](https://avatars.discourse-cdn.com/v4/letter/s/ecd19e/32.png) [@SmithCommaJohn](https://boards.straightdope.com/u/SmithCommaJohn)\ **Post date:** [June 23, 2011, 7:55pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/6 "2011-06-23T19:55:00Z")
> [@Si\_Amigo](#): > > You could shot them; but that would be wrong. Which brings up my followup question; what is the highest level of judge that been shot (or attempted shot)? You’re not trying to beat anyone’s high score, I hope. ---
**Author:** ![yanceylebeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yanceylebeef/32/12290_2.png) [@yanceylebeef](https://boards.straightdope.com/u/yanceylebeef)\ **Post date:** [June 23, 2011, 7:58pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/7 "2011-06-23T19:58:51Z")
> [@Giles](#): > > Resignation is an alternative, though that would be a decision for the judge concerned. It was the decision made by President Nixon in the face of his likely impeachment by the same process as that used for judges and other federal officials. Fortas resigned as well, I’m wondering if Justice Thomas has that kind of integrity. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [June 23, 2011, 8:02pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/8 "2011-06-23T20:02:58Z")
Abe Fortas (Supreme Court judge) was probably headed for an investigation and possible impeachment and chose to resign instead. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [June 23, 2011, 8:04pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/9 "2011-06-23T20:04:41Z")
> [@yanceylebeef](#): > > Fortas resigned as well, I’m wondering if Justice Thomas has that kind of integrity. Not a chance. He’d only leave if the writing was on the wall that he’d be facing likely impeachment. Not a moment sooner. Republicans will never allow an impeachment short of video of him axe murdering puppies in his office. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [June 23, 2011, 8:08pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/10 "2011-06-23T20:08:36Z")
> [@Whack-a-Mole](#): > > Not a chance. He’d only leave if the writing was on the wall that he’d be facing likely impeachment. Not a moment sooner. Republicans will never allow an impeachment short of video of him axe murdering puppies in his office. Not as long as a Democratic president is in office to appoint a replacement. So long as that is the case, killing puppies will be insufficient cause. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [June 23, 2011, 8:10pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/11 "2011-06-23T20:10:03Z")
> [@Si\_Amigo](#): > > You could shot them; but that would be wrong. Which brings up my followup question; what is the highest level of judge that been shot (or attempted shot)? As far as I know, [Robert Smith Vance](http://en.wikipedia.org/wiki/Robert_Smith_Vance), a Judge for the United States Court of Appeals for the Eleventh Circuit (albeit by mail bomb rather than shooting). U.S. District Judges have also been shot and killed: [John H. Wood, Jr.](http://en.wikipedia.org/wiki/John_H._Wood,_Jr.) (shot and killed by Charles harrelson, father of actor Woody Harrelson), [Richard Daronco](http://en.wikipedia.org/wiki/Richard_J._Daronco), and [John Roll](http://en.wikipedia.org/wiki/John_Roll). An assassin also killed the husband and mother of [Joan Lefkow](http://en.wikipedia.org/wiki/Joan_Lefkow). I beieve there were also some prior to the 20th century, but I’m not sure who. ---
**Author:** ![anson2995](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@anson2995](https://boards.straightdope.com/u/anson2995)\ **Post date:** [June 23, 2011, 8:24pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/12 "2011-06-23T20:24:46Z")
> [@Si\_Amigo](#): > > You could shot them; but that would be wrong. Which brings up my followup question; what is the highest level of judge that been shot (or attempted shot)? I don’t believe any sitting justices of the US Supreme Court have been killed in office. There have been several federal judges killed in my lifetime, most recently Judge John Roll was killed in the Tuscon shooting in January. Three otehr judges were killed by disgruntled litigants: Robert Vance was killed by a mail bomb in 1989. Richard Daronco was killed in 1988. John Wood was shot in 1979, and [Wikipedia says](http://en.wikipedia.org/wiki/John_H._Wood,_Jr.) he was the first federal judge killed in the 20th century. eta: what pravnik said ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [June 23, 2011, 8:31pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/13 "2011-06-23T20:31:26Z")
> [@friedo](#): > > All federal judges, including those on the Supreme Court, are subject to impeachment and removal upon conviction. The last one to be so removed was [Walter Nixon](http://en.wikipedia.org/wiki/Walter_Nixon). > . The last federal judge impeached and removed was Thomas Porteus, in 2010. > **[Senate Convicts Impeached Federal Judge G. Thomas Porteous](https://abcnews.go.com/Politics/senate-convicts-crooked-federal-judge-thomas-porteous/story?id=12347138)** > > Senate convicted U.S. District Judge G. Thomas Porteous on four articles of impeachment, alledging the Louisiana judge took bribes. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [June 23, 2011, 8:57pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/14 "2011-06-23T20:57:34Z")
> [@Si\_Amigo](#): > > You could shot them; but that would be wrong. Which brings up my followup question; what is the highest level of judge that been shot (or attempted shot)? Supreme Court Justice [Stephen J. Field](http://en.wikipedia.org/wiki/Stephen_Johnson_Field) was shot at by a former colleague on the California courts. > [@](#): > > Justice Field was assaulted by a former associate of his on the California Supreme Court, David S. Terry, whom Field had recently jailed for contempt during a long-running legal case involving Terry’s wife and her former lover and purported first husband, William Sharon. Terry was shot and killed by Field’s bodyguard. Ironically, legal issues arising from the shooting came before the Supreme Court in the 1890 habeas corpus case of In re Neagle. ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [June 23, 2011, 10:11pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/15 "2011-06-23T22:11:31Z")
Good God, that’s the same David S. Terry who earlier killed a US Senator in a duel. I had no idea that he also went after a Supreme Court justice. He was one sick dude. ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [June 23, 2011, 11:38pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/16 "2011-06-23T23:38:59Z")
[moderating] Please remember that this is GQ, which is not the place for speculation, political potshots, or the furthering of any political agenda. Let’s stick to the OP’s question. No warnings issued. [/moderating] ---
**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\ **Post date:** [June 24, 2011, 2:59am UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/17 "2011-06-24T02:59:56Z")
> [@TriPolar](#): > > So long as that is the case, killing puppies will be insufficient cause. “Democrats are just playing politics with the court! So he kills puppies? How does that effect him as a JURIST?!?!?” 😃 ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [June 24, 2011, 6:05pm UTC](https://boards.straightdope.com/t/supreme-court-justice-removal-process/586600/18 "2011-06-24T18:05:57Z")
> [@yanceylebeef](#): > > So, Think Progress has a very[in depth look](http://thinkprogress.org/progress-report/the-clarence-thomas-scandal/) at Clarence Thomas’ conflict of interest problems and the comparisons to the Abe Fortas resignation in 1969. > > I know that Think Progress is fairly left on the political spectrum and has a defined agenda, but nevertheless, the evidence appears to be mounting that the justice may have a problem on his hands. > > Is there an impeachment procedure for removal of a sitting Justice from the Supreme Court? Or would the individual have to resign? Suuuuure. From your link: > [@](#): > > Ginni Thomas has a right to do whatever she wants for a living, but if the Thomas family earned one dime to lobby in favor of repealing health reform, it would be a serious conflict of interest for Thomas to sit on a case that could make that repeal a reality. Tell me, does this analysis also apply to Judge Stephen Reinhardt of the Ninth Circuit? His wife was the executive director of the ACLU lobbying for same-sex marriage rights, and Judge Reinhardt sat on the panel that heard the appeal on the Prop 8 question. I believe (with no cite) that Ms. Ripston (Reinhardt’s wife) earned considerably more than a dime from the ACLU.