Supreme Court Chief Justice John Roberts issued a rare statement Tuesday shortly after President Donald Trump demanded the removal of a judge who ruled against his deportation plans (article available here).
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose," Roberts said in the statement.
In a Tuesday morning social media post, Trump described a Chief United States District Judge as an unelected “troublemaker and agitator.” "This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!" Trump posted. The court recently issued an order blocking deportation flights under wartime authorities from an 18th century law that Trump invoked to carry out his plans.
The Alien Enemies Act of 1798 has been used only three times before in U.S. history, all during congressionally declared wars. Trump issued a proclamation that the law was newly in effect due to what he claimed was an invasion by the Venezuelan gang Tren de Aragua. His administration is paying El Salvador to imprison alleged members of the gang.
The Constitution gives the House of Representatives, where Republicans hold a slim majority, the power to impeach a judge with a simple majority vote. But, like a presidential impeachment, any removal requires a vote from a two-thirds majority from the Senate.
Just last week, federal judges raised the alarm about security concerns and urged public officials to use caution when they criticize court rulings.