House lawmaker moves to oust judge in deportation case with move that skips impeachment
Rep. Andy Biggs invoked the “good behavior” clause of the Constitution to argue Congress has the authority to remove judges short of impeachment.
By Steven Richards
Published: March 31, 2025 7:27pm
Updated: March 31, 2025 11:48pm
An Arizona congressman introduced legislation Monday to remove the federal judge who has blocked President Donald Trump's efforts to deport Venezuelan gang members, offering a novel path that avoids the impeachment process and the need for two-thirds support in the U.S. Senate.
Rep. Andy Biggs, R-Ariz., filed a resolution that would remove U.S. District Judge James Boasberg for “failing to maintain the standard of good behavior required of judges" under Article III, Section 1 of the Constitution.
“Most Americans believe that there is lifetime tenure for a federal judge. That unless impeached, a federal judge can serve until death," Biggs told Just the News. "But lifetime tenure is not guaranteed, nor mentioned, in the Constitution. Article III, Section 1 permits a federal judge to serve only ‘during good behavior.’”
Biggs argued the clause gives Congress the authority to remove judges that it believes have failed to uphold that standard short of using impeachment.
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https://justthenews.com/government/congress/house-republican-proposes-alternative-method-remove-bad-judges-bypass-senate