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The process for replacing a Supreme Court justice attracts considerable public attention and is closely scrutinized. [1] Typically, the whole process takes several months, but it can be, and on occasion has been, completed more quickly. Since the mid 1950s, the average time from nomination to final Senate vote has been about 55 days.
This is a way for the legislative branch to check and balance the executive and judicial branches and police itself as well. As of December 2019, there have been 66 federal judges or Supreme Court Justices investigated for impeachment. [1]
Like in any other impeachment process—including for Presidents and judges—the power to impeach a Supreme Court Justice first lies with the House of Representatives.
United States (1993), [18] the Supreme Court determined that the federal judiciary could not review such proceedings, as matters related to impeachment trials are political questions and could not be resolved in the courts. [19] In the case of impeachment of the president, the chief justice of the Supreme Court presides over the trial.
Federal judges are subject to impeachment. In fact, 15 of 20 officers impeached, and all eight officers removed after Senate trial, have been judges. The most recent impeachment effort against a Supreme Court justice that resulted in a House of Representatives investigation was against Associate Justice William O. Douglas.
The court said that to “dispel this misunderstanding, we are issuing this Code.” Read more:Opinion: Supreme Court Justice Clarence Thomas' corruption is intolerable. Here's what we can do about it
Its constitutionality was tested by the Supreme Court of the United States in the 1993 Nixon v. United States case, arising from the 1989 impeachment trial of Walter Nixon, in which the Supreme Court upheld the United States Senate's authority to determine its own procedures, which includes its decision to opt for use of Rule XI trial committees.
Bar associations should insist Supreme Court Justices Clarence Thomas and Samuel Alito be removed, a former Ohio assistant attorney general writes