Alan Dershowitz Says Justice Roberts ‘Wrong’ To Suggest Impeachment ‘Never Proper’ Remedy For Judges’ Rulings
By Jason Cohen, Contributor Daily Caller News Foundation | March 18, 2025
Noted attorney Alan Dershowitz said Tuesday that Chief Justice John Roberts was incorrect to suggest impeachment is “never” the “appropriate” solution for judges after disagreements with rulings.
Roberts released a Tuesday statement asserting there is centuries-long precedent that it is inappropriate to impeach judges based on disputes pertaining to their decisions. While Dershowitz acknowledged on “American Agenda” that appellate remedies likely exist in this case, he argued that impeachment could be appropriate in certain instances.
“Impeachment is proper — Chief Justice [Roberts] is wrong when he says it’s never proper for a decision — after the Dred Scott decision, for example, which declared black people not to be eligible for citizenship, impeachment would have been a proper remedy,” Dershowitz said. “There have been a number of cases in our history where impeachment would have been a proper remedy, but not generally. Generally, appellate remedies are available, particularly in cases of this kind.”
Roberts’ statement followed President Donald Trump on Tuesday calling for the impeachment of United States District Judge James Boasberg of the District of Columbia, who issued an injunction Saturday ordering the president’s administration to turn around two planes carrying members of the Tren de Aragua (TdA) gang members to El Salvador. Trump had invoked the Alien Enemies Act to accelerate deportations of foreign gang members from the United States.
Trump issued an executive order on Jan. 20 designating cartels and criminal gangs, including TdA, as foreign terrorist organizations. The Alien Enemies Act provides American presidents with broad authority to order the deportation of people from enemy countries without adhering to standard procedures, according to BBC.
The planes to El Salvador did not turn around, and El Salvadoran President Nayib Bukele confirmed Saturday that his nation received 238 members of TdA and 23 MS-13 members.
“This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” Trump wrote on Truth Social Tuesday. “WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!”
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts wrote in the statement shared by the Supreme Court’s public information office, according to CBS News. “The normal appellate review process exists for that purpose.”
Jason Cohen is a contributor at the Daily Caller News Foundation
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