In a recent briefing, two prominent federal judges, US Circuit Judge Richard Sullivan and US Circuit Judge Jeffrey Sutton, expressed concerns over threats of impeaching judges who rule against President Donald Trump. Sullivan emphasized that impeachment should not be used to shortcut the appeals process, warning against its potential misuse. The judges’ remarks were prompted by calls from figures like Elon Musk to remove judges who oppose the Trump administration, leading some House Republicans to introduce impeachment resolutions, though the likelihood of their advancement remains slim.
Sullivan, a member of the 2nd US Circuit Court of Appeals, and Sutton, chief judge of the 6th US Circuit Court of Appeals, highlighted the rarity of impeaching judges and the potential dilution of impeachment standards if such actions were pursued. They also condemned attacks on judges simply carrying out their duties. Against a backdrop of heightened rhetoric from the president and his supporters, federal courts are facing numerous cases challenging Trump’s policies and agency leadership changes, with the Supreme Court already considering some on its emergency docket.
Both judges refrained from directly addressing Trump’s influence on the issue, instead pointing to broader societal factors such as polarization and the internet. They referenced a report by Chief Justice John Roberts, who criticized attempts by unnamed public officials to intimidate judges by questioning their impartiality without merit. Sullivan and Sutton underscored the need to uphold judicial independence and oppose baseless attacks on the judiciary.