July 12, 2015
The Honorable Keith Rothfus
1205 Longworth House Office Building
Washington, DC 20515
Dear Congressman Rothfus,
I write to ask that you initiate necessary proceedings to impeachment the five U.S. Supreme Court justices who voted in favor of the petitioners in the recently decided case, Obergefell v. Hodges. The justices are Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.
If other members of the House are already taking steps for impeachment, please give them your earnest support.
Impeachment of the five justices is authorized by Article II, Section 4 of the U.S. Constitution:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
And by Article III, Section 1:
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…
It is not good behavior — indeed, it is very bad behavior — for appointed judges to seize law-making power which belongs to legislatures, and ultimately to the People, who express their will by voting. The five justices cannot possibly have behaved this badly by accident, setting a foot down on the wrong side of a fuzzy line, as it were. The opinion in which they all joined is clear evidence of their collaboration in what the House has every right to decide was a “high Crime or Misdemeanor.” (It is for the House and Senate to interpret that phrase, not the Court, not academics; it will be perfectly reasonable for the House and Senate to decide that it is a high crime to subvert the Constitution.)
What was decreed by the five justices is obnoxious, but the ruling itself is not the issue. It is not for sharing a bizarre opinion (albeit fashionable in some circles) that justices should be removed from the Court. What is at stake is the Constitutional right of the People to be governed by their elected representatives. We, the People, do not want to be governed by an oligarchy — a tiny committee of unelected lawyers. We would not want to be governed by a committee of unelected lawyers even if they were not so disoriented and confused in their thinking.
Justices of the Supreme Court are unelected, but they are not unaccountable. Impeachment, followed by conviction in the Senate and removal from office, is the Constitutional remedy for tenured judges who run amok, disregarding the Constitution in order to rule according to personal preferences, in defiance of the will of the People.
Congressman Rothfus, what will you do to persuade the House to Impeach the five justices who are guilty of the Obergefell v. Hodges ruling?
Do all that you can. I will support you, as will many others. Please keep us informed so we will know how we can help.