"For more than two centuries," Chief Justice John Roberts said on Tuesday, "it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose."
Although Roberts did not mention Donald Trump, the timing suggested he was responding to a Tuesday-morning Truth Social rant in which the president declared that federal judges who impede his agenda "should be IMPEACHED!!!" That recommendation echoed presidential adviser Elon Musk's oft-repeated solution to the inconvenience of judicial review—a prescription that would undermine the rule of law by punishing judges for daring to disagree with the president.
Trump's post referred specifically to U.S. District Judge James Boasberg, who is considering a challenge to deportations based on the rarely invoked Alien Enemies Act. That 1798 law authorizes the president to deport "natives, citizens, denizens, or subjects" of a "hostile nation or government" when there is "a declared war" with that nation or government or it has mounted an "invasion or predatory incursion." The law does not provide much in the way of due process, although it does charge judges with conducting "a full examination and hearing" of each complaint against "any alien enemy resident." The Trump administration controversially argues that the law can be applied to suspected members of Latin American gangs.
