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In response to this week’s decisions by the Supreme Court, Senator Ted Cruz (R-Texas) today proposed several laws and constitutional amendments, one of which would require judges to face the voters periodically and be removed if rejected.
Cruz’s analysis here is interesting in that he recognizes the right of Congress to impeach and remove judges, but also recognizes that this Congress, under this Republican leadership, just won’t do it. As he notes,
A Senate that cannot muster 51 votes to block an attorney-general nominee openly committed to continue an unprecedented course of executive-branch lawlessness can hardly be expected to muster the 67 votes needed to impeach an Anthony Kennedy.
He also correctly notes that if something isn’t done, the movement to amendment the Constitution using Article V convention of the states will likely gain momentum, something that we all know carries its own risks, including changing the Constitution in ways that are not beneficial.