May 12, 2025

Sotomayor Precipitating Constitutional Crisis

Timothy Birdnow

Wouldn't this be grounds for removing her from the bench?

Sotomayor Plays Partisan Card, Calls on Lawyers to 'Fight This Fight' Against Trump Administration

It certainly is grounds for her not to participate in ANY case involving the current administration.

Sadly the Constitition only provides for removal for cause, not politics, from the bench "high crimes and misdemeanors". But the Supreme Court has always been non-partisan since it cannot be fair if it is. John Roberts should have the authority to remove her, or at least to suspend her from cases. But he can't. The ONLY way to rein in an out-of-control Justice is to impeach them, and the burden of proof is quite high and requires criminality.

But we've never faced this before; open paritsanship by a member of the court. This will tarnish the respect of the Court and could well lead to a return to the old idea of Nullification. As Alexander Hamilton said in Federalist 78 the Court has only the power of judgement - not of funding or enforcement. Judgement must be listened to and obeyed. Sotomayor isw pushing us to simply not listen to the Supreme Court any longer.

As Andrew Jackson said "John Marshall has made his decision. Now let him enforce it" over the Scotus ruling in Worcester v. Georgia.

That is where this will lead. Sotomayor is precipitating a Constitutional crisis.

Posted by: Timothy Birdnow at 07:46 AM | No Comments | Add Comment
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