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PaperclipPerfector  6mo ago (text post)   27717 thread views

Culture War Roundup for the week of May 13, 2024

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So what are, practically, the mechanisms that can be used to (legally) remove a judge that had publicly declared intent to betray the constitution?

Like what if the South just suddenly decided "13a doesn't exist in this here courtroom" and boldly ignored the Supreme Court?

Does the Marshall of the Supreme Court get to arrest people for contempt? Does the federation magically go poof? Does the ghost of General Sherman start haunting anybody? Do the slave auctions go on unmolested?

Along with the the impeachment process -- in New York, technically just 'removal', requires recommendation from the governor followed by two-thirds of the State Senate, gfl -- trial-level criminal court judges are appointed by the Mayor of New York City for a lengthy period, mandatory retirement at age 70. Judge Abena Darkeh's current term is set to expire in 2030, so you could just hold the New York City mayoral office for six years time, along with taking over the recommendation system. Again, gfl.

((There's also a rule about residence, but I have no clue if/how it's enforced.))

So what are, practically, the mechanisms that can be used to (legally) remove a judge that had publicly declared intent to betray the constitution.

None. The only theoretical option is impeachment, but those who would impeach and convict in New York are also anti-Second-Amendment.

This sounds remarkably similar to the problems the Union faced in the South, after defeating the Confederacy.

I think that a higher court could issue a Writ of Mandamus requiring them to apply the law as directed. Defiance of that would lead to contempt of court and jail time.

In theory, would the classic federal "deprivation of rights under color of law" rules not apply to judges, especially state-level ones? I don't see that as a hugely likely possibility: it's not a hill much of the high-status right, especially the DOJ, wants to die on, and would be a pretty big culture war escalation. But it seems a theoretical option.

No, judges have absolute immunity for their official acts.

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