Who can dismiss a Supreme Court Judge on the grounds of misconduct and incompetence?
Asked by: Tatyana Bailey | Last update: February 20, 2026Score: 4.2/5 (75 votes)
Only the legislative body (Congress in the U.S.) can dismiss a Supreme Court Justice for misconduct or incompetence, using the impeachment process (House impeaches, Senate tries and convicts), though state-level judges have other mechanisms like Judicial Commissions, but for federal judges, impeachment is the constitutional path for "good behavior" violations.
Who can dismiss a Supreme Court judge?
Only the U.S. Congress, through the impeachment process, can remove a U.S. Supreme Court Justice, requiring the House of Representatives to impeach (majority vote) and the Senate to convict (two-thirds vote) for "Treason, Bribery, or other high Crimes and Misdemeanors," granting them lifetime appointments ("good behavior").
Can the president remove a Supreme Court Justice for misconduct?
Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
Who has power over Supreme Court justices?
Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before the court.
Who has the authority to discipline judges?
Commission on Judicial Performance is an independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining state judges (see article VI, section 18 of the California Constitution).
A Startling Tale of Judicial Misconduct
How can a judge of the Supreme Court be removed?
A Supreme Court Judge cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the ...
Who is the boss over a judge?
The California Commission on Judicial Performance oversees the professional and personal conduct of judges and justices. All judges and justices must comply with the California Code of Judicial Ethics, which contains standards for ethical conduct.
Who can overrule the Supreme Court in the USA?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
Do Republicans or Democrats control the Supreme Court?
The U.S. Supreme Court currently has a 6-3 majority of Republican-appointed justices, making it a conservative-leaning court, a balance solidified by appointments from Presidents George W. Bush, Donald Trump, and a shift after the passing of Justice Ruth Bader Ginsburg, with only three justices appointed by Democrats. This conservative supermajority typically consists of Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, while the liberal wing includes Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
Can you impeach a Supreme Court justice?
Yes, Supreme Court justices can be impeached, as they are considered civil officers removable by Congress for "treason, bribery, or other high crimes and misdemeanors," a process involving impeachment by the House and trial by the Senate, though it's rare and only one justice, Samuel Chase, has been impeached (but acquitted).
How to remove a corrupt Supreme Court Justice?
If they become corrupt or sit in cases in which they have a personal or family stake, they can be impeached by Congress. ).
Who can impeach Donald Trump?
Impeachment begins in the House of Representatives, where articles of impeachment are drawn up. These articles are then voted on by House members. Each article is voted on separately and requires a simple majority to pass. Once an article has been passed in the House, the president has been impeached.
How do I change the number of justices on the Supreme Court?
Article III establishes the Supreme Court, but it leaves to Congress to determine the details of how the court is structured and what it does. For example, it is well established that Congress can change the number of seats on the court or direct the justices to hear cases in lower federal courts.
How many senators does it take to impeach a Supreme Court justice?
The Constitution grants the Senate the sole power to try all impeachments, and establishes four requirements for an impeachment trial in the Senate: (1) the support of two-thirds of Senators present is necessary to convict; (2) Senators must take an oath or an affirmation; (3) the punishments the Senate can issue ...
Can Congress remove the Supreme Court?
Congress cannot abolish the high court. See . it would be anomalous for the Constitution to provide that, once a court was established, Congress could never eliminate it.
Who can overturn a judge's ruling?
A court decision or precedent is overturned when a judiciary rejects the result of a prior court proceeding. Higher courts may overturn the decisions of lower courts. Supreme courts can also overturn precedents established in previous court decisions.
How many judges did Trump appoint to the Supreme Court?
Donald Trump appointed three U.S. Supreme Court justices during his presidency: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, establishing a strong conservative majority on the court.
When was the last time the Supreme Court had a liberal majority?
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is widely regarded as the most liberal Supreme Court in U.S. history and marks the last period in which liberals held clear control of the Court.
Can Congress increase the size of the Supreme Court?
2021). While no provision of the Constitution expressly prohibits legislative changes to the size of the Supreme Court, and Congress has changed the size of the Court multiple times in the past, some commentators debated whether the proposals were inconsistent with constitutional norms.
Who can reverse the judgement of the Supreme Court?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Can the president change the number of Supreme Court justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
Who appointed more judges, Trump or Obama?
While President Obama appointed more judges overall (around 330-334) across his two terms compared to Donald Trump's single term (around 226-245), Trump appointed a higher proportion of powerful appellate court judges and more Supreme Court justices (three vs. Obama's two), significantly shifting the courts' ideological balance, especially the circuit courts.
Is John Roberts a U.S. citizen?
Divorced in 2008 from his high school sweetheart with whom he shares two children, John Roberts announced his engagement to Kyra Phillips on April 25, 2010. They have twin children named Sage Ann and Kellan Clay. As of 2018, the couple are married. Roberts is a dual Canadian and American citizen.
Is it okay to call a judge sir or ma am?
🤯 Always address the judge correctly, not as 'sir' or 'ma'am,' but as "Your Honor." It's not just about formality, it's about respect and perception!