The Judiciary Isn’t Above Reproach – And Never Was

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The recent Senate hearing on judicial impeachment prompted the predictable response: that Congress has no business second-guessing judges for anything short of criminal conduct. This conventional wisdom deserves more scrutiny than it typically receives.
When Sen. Ted Cruz convened his subcommittee to examine the conduct of Judges James Boasberg and Deborah Boardman, Professor Stephen Vladeck testified that impeachment “is not and should not be a remedy for judges who issue rulings with which we disagree.” Chief Justice Roberts has declared that “the normal appellate review process exists for…
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