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To: vannrox
It would theoretically be possible for the House of Representatives to impeach and for the Senate to convict and remove the two judges who voted that the Pledge is unconstitutional. However, that would mean ignoring a lot of printed opinion and some precedent in previous impeachments to the effect that the standard for impeaching federal judges is the same as the "high crimes and misdemeanors" standard for executive-branch officials.

I think a much more likely way to remove the judges would be for the Congress to start considering the funding of the Ninth Circuit and whether or not it wants to split the circuit in two, as has been suggested in the past. The two judges might be allowed to know that the Congress will drop these matters, but only if they resign.

3 posted on 06/26/2002 4:09:09 PM PDT by aristeides
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To: aristeides
I think a much more likely way to remove the judges would be for the Congress to start considering the funding of the Ninth Circuit and whether or not it wants to split the circuit in two, as has been suggested in the past. The two judges might be allowed to know that the Congress will drop these matters, but only if they resign.

I don't think it is a good idea to have Congress play those kinds of games when decisions that may be odious come down....separation of powers or something. What the justices did may not be good or right, or it might be, but certainly seems within the right of the judicial branch.

6 posted on 06/26/2002 4:17:24 PM PDT by RJCogburn
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To: aristeides
The 9th District SHOULD be split in two. Then, the two bad judges can be put on different courts, and two good judges can be added to each court. Of course, the district should be split in two because it's way too big, but this is another reason to do it.

Regarding the person who commented that we shouldn't have the phrase "Under God", our great country was founded "with a firm reliance on the protection of divine Providence". Should we edit this great document? Should we now take God out of our Constitution? Take Him off our money? We are "ONE NATION UNDER GOD" and we should stay that way.

In God we Trust ...

12 posted on 06/26/2002 4:34:12 PM PDT by Gophack
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To: aristeides
I like your idea, and yours seems to be the only reply that stuck with the question originally asked: "Can the 9th Circuit Judges be Impeached or Removed in any way?."

If however the Legislature ever does impeach a Federal Judge clearly due to distaste or disagreement with his rulings for a particular case or a group of related cases -- and I do think that in extreme cases that needs to be able to be done -- if then the Supreme Court says "No that may not be done, you may only impeach a Judge for high crimes and misdemeanors," and sets aside the Legislative impeachment and removal order, why then that would be an exciting day!

That, I hope, would bring us to our national senses regarding Marbury and its limitations. The Supreme Court can not be the sole final judge of Constitutionality. In this case it IS the Legislature's uncontestable authority to make that impeachment.

The Supremes can throw an unConstitutional law, the Legislature can throw out a crazy or outlaw Judge. Neither is easy to do, both are ponderous procedures.

57 posted on 06/27/2002 4:53:25 AM PDT by bvw
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To: aristeides
Thank you for your reply. I have one more question. Can these judges be removed for incompetence? With their rate of overturned opinion being 29 out of 30 opinions, it seems that a look at the competence of the judges sitting on this bench is warranted.
62 posted on 06/27/2002 7:56:09 AM PDT by LibertarianLiz
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