AOC files impeachment articles against Thomas & Alito; Senate Dems demand special counsel investigation

On Wednesday, New York Democratic U.S. Rep. Alexandria Ocasio-Cortez introduced articles of impeachment against U.S. Supreme Court Justices Clarence Thomas and Samuel Alito, citing their failure to disclose gifts and refusal to recuse themselves from cases involving personal and financial conflicts.

Ocasio-Cortez described the ultraconservative justices’ actions as a “grave threat to American rule of law.” The impeachment articles, co-sponsored by progressive Democratic Reps. Barbara Lee of California and Rashida Tlaib of Michigan focus on ethical violations that have drawn significant scrutiny.

Thomas has faced criticism for his relationship with GOP billionaire mega-donor Harlan Crow, who reportedly funded numerous vacations and other benefits for Thomas and his wife, who is an election denier. Similarly, Alito has been criticized for displaying flags associated with the “Stop the Steal” movement—one falsely claiming the 2020 election was stolen from former President Donald Trump—and not recusing himself from related cases.

The impeachment articles are unlikely to advance in the Republican-controlled U.S. House of Representatives, where a majority vote is required to impeach. The U.S. Senate would then need to convict, which appears improbable given the current political landscape.

This move comes amid broader concerns about the Supreme Court’s recent decisions, including overturning Roe v. Wade, undoing the Chevron doctrine, and granting unprecedented immunity to Trump and future presidents from prosecution for official acts. Thomas indicated in a concurrence to the Dobbs decision that he would revisit other Americans’ rights, like the right to use contraception and marriage equality. These rulings have dismantled decades of precedent and intensified debates over judicial ethics.

In a related development, Democratic U.S. Sens. Sheldon Whitehouse of Rhode Island and Oregon’s Ron Ryden have urged Attorney General Merrick Garland to appoint a special counsel to investigate whether Thomas’s acceptance of hospitality from wealthy friends violated federal laws in a letter made public Tuesday. Both justices have denied wrongdoing, maintaining that their actions were consistent with ethical guidelines.

Ocasio-Cortez’s move marks a significant escalation in the ongoing debate over judicial ethics and accountability, highlighting broader concerns about the Supreme Court’s integrity and its impact on American democracy.

In 2022, Ocasio-Cortez called for consideration of impeachment of Supreme Court justices who she said lied during their confirmation hearings by stating that Roe v. Wade was an established precedent. “If we allow Supreme Court nominees to lie under oath and secure lifetime appointments to the highest court of the land and then issue, without basis…rulings that deeply undermine the human and civil rights of the majority of Americans, we must see that through,” she said during an interview on Meet the Press, the New York Timesreported.

Historically, only 15 federal judges have been impeached, with eight convictions. According to the Federal Judicial Center, the sole Supreme Court justice to face impeachment was Samuel Chase in 1804, who was acquitted by the Senate.