Ranking officials called for the impeachment of a judge who disagreed with the government
The American Bar Association has pushed back against high-ranking officials of the current US administration who seemingly questioned the legitimacy of courts and judicial review in recent comments.
The officials called for the impeachment of a judge who disagreed with the government as the administration attempted to obtain access to Department of Treasury records, which included the private records of most US citizens. The government’s effort was denied in a pretrial motion in federal district court last week.
The ABA pointed out that while the administration could appeal the decision and had the right to disagree with the ruling, interfering with the court’s freedom to decide was unacceptable.
“What is never acceptable is what was said by representatives of this administration, including the misleading assertion that judges cannot control the executive’s legitimate power and calls for impeachment of a judge who did not rule in the administration’s favor. It is also not acceptable to attack the judge making the ruling or try to interfere with the independence of the court,” the legal regulator said in a statement.
The ABA added that all lawyers were taught since the first year of law school that “judges have the authority to determine whether the administration’s actions are lawful and a legitimate exercise of executive branch authority,” as exemplified in Marbury v. Madison. The association said it was “one of the oldest and most revered precedent in United States legal history.”
“These statements attack the legitimacy of judicial oversight just because a court’s ruling is not what the administration wants in a particular case. It is a fundamental cornerstone of our democracy that the courts are the protectors of the citizenry from government overreach,” the ABA said. “These bold assertions, designed to intimidate judges by threatening removal if they do not rule the government's way, cross the line. They create a risk to the physical security of judges and have no place in our society.”
The association also highlighted suggestions that the executive branch should breach court orders, which it said threatened “the very foundation of our constitutional system.”
“The ABA calls for every lawyer and legal organization to speak with one voice and to condemn the efforts of any administration that suggests its actions are beyond the reach of judicial review. We also call for condemnation and rejection of calls for the impeachment of a judge who did not rule in a certain way,” the legal regulator said. “This is not the first time we have called out criticism and efforts to demonize the courts.”
The ABA explained that it had spoken against the previous administration as well.
“We recognize the potential risk to our profession, the ABA and our members, by speaking. But to stay silent is to suggest that these statements are acceptable or the new norm. They are not. And we will not be silent in the face of such words that are contrary to our constitutional system. They pose a clear and present challenge to our democracy and the separation of powers among the three independent branches. We will stand for the rule of law today as we have for nearly 150 years,” the association said.
