Monday, July 2, 2012

Impeach John Roberts (or at least investigate)....

The Obamacare ruling creates more questions than it answers.  In order to get to the bottom of these questions, Chief Justice John Roberts needs to be investigated for impeachment.  If the investigation confirms media reports are correct, then the Chief Justice needs to be impeached and tried in the Senate.

Following on the heels of Thursday's decision, on Sunday CBS News released a report stating that Chief Justice Roberts caved to left-wing pressure in the Obamacare decision.  As Rush pointed out today, the CBS reporter in question is as reliable of a source as you will find regarding the internal workings of the court.  If the CBS Report is accurate, then Chief Justice Roberts has clearly violated the 'Good Behavior' clause in Article III, Section 1.

Last Friday, in response to earlier reports, Chapman University Law Professor John Eastman called on Chief Justice Roberts to resign if the reports were true:

I spoke with Professor Eastman today by telephone and he stands by what he said on Friday.  When I asked Professor Eastman if impeachment was the appropriate response if Chief Justice Roberts refused to resign, Professor Eastman indicated that impeachment was exactly what the Founders intended as a remedy, but that the political will hasn't existed since the Samuel Chase affair in 1804.  If the CBS News report is correct, then impeaching Chief Justice Roberts is a question of political will, but the legal case is clear.

(Author's Note: My conversation with Professor Eastman wasn't recorded, so I don't have exact quotes; I have sent him a copy of this post and will correct this paragraph if he feels misquoted.)

It is true that impeachment is a cumbersome process, and achieving a conviction is difficult.
Unfortunately, we don't have a choice.  The questions raised in the CBS News report are too disturbing to leave alone.  An impeachment investigation is the appropriate place to settle these questions.

Because this is ultimately a political question instead of a legal one, it will require a fighter and a leader in Congress (preferably on the Judiciary Committee) to bring it to the fore.

Paging Ted Cruz.

Ezra Dulis -- A CYA Move
Joel Pollack -- Roberts caves to Liberal Intimidation
John Fund -- "But that his [Roberts'] switch occurred in the context of the Washington zeitgeist is disturbing."
Alexa Shrugged -- Roberts can be Manipulated

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