Epstein on DeFazio's Call for Justice Roberts' Impeachment

Should Chief Justice Roberts Be Impeached?
Richard A. Epstein
National Review Online
October 26, 2010

According to Rep. Peter DeFazio (D., Ore.), he should be:

I mean, the Supreme Court has done a tremendous disservice to the United States of America. They have done more to undermine our democracy with their Citizens United decision than all of the Republican operatives in the world in this campaign. They’ve opened the floodgates, and personally, I’m investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where he said he wouldn’t be a judicial activist, and he wouldn’t overturn precedents.

Wonders never cease. I am quite aware of the enormous controversy over Citizens United, and am happy to report that if Justice Roberts should lose his position on the bench through impeachment, then I should be at risk for my own teaching position, because I have already written in defense of the majority in Citizens United.

In every way, Rep. Peter DeFazio looks like a crank. He falls over a constitutional cliff. But as cranks often rule the media, something should be said about his astonishing argument. So let me mention two key points. One concerns the role of judges as umpires. The second concerns Citizens United itself.

Faculty: 
Richard A. Epstein