Alan Dershowitz on Tuesday challenged Chief Justice John Roberts’ assertion that impeachment is never an appropriate response to judicial decisions, arguing that historical precedent suggests otherwise.
The debate follows President Donald Trump’s call to impeach U.S. District Judge James Boasberg, who issued an injunction blocking the deportation of alleged members of the Tren de Aragua (TdA) gang under the Alien Enemies Act. RELATED: VIDEO: Gangsters Grounded: 200+ Deported Tren de Aragua Suspects Arrive At El Salvador’s Mega-Prison
Speaking on Newsmax’s “American Agenda,” Dershowitz acknowledged that appellate review is generally the proper mechanism for addressing controversial rulings. However, he contended that Roberts’ absolute stance against judicial impeachment was historically inaccurate.
“Impeachment is proper—Chief Justice [Roberts] is wrong when he says it’s never proper for a decision,” Dershowitz said. “After the Dred Scott decision, for example, which declared black people not to be eligible for citizenship, impeachment would have been a proper remedy.”
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The Dred Scott decision (1857), widely considered one of the most infamous rulings in Supreme Court history, denied African Americans U.S. citizenship, fueling tensions that contributed to the Civil War.
“There have been a number of cases in our history where impeachment would have been a proper remedy, but not generally,” Dershowitz continued. “Generally, appellate remedies are available, particularly in cases of this kind.”
Roberts’ remarks were issued after Trump called for Judge Boasberg’s impeachment following his ruling that temporarily blocked deportation flights carrying suspected gang members to El Salvador.
Trump had invoked the Alien Enemies Act, an obscure wartime law last used during World War II, to expedite deportations of individuals designated as foreign terrorists. Judge Boasberg, however, halted the effort, arguing that such removals required further judicial scrutiny.
Despite Boasberg’s ruling, the flights proceeded. El Salvador’s President Nayib Bukele later confirmed that his country had received 238 TdA members and 23 MS-13 members over the weekend.
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Trump, responding to the ruling, lashed out on Truth Social, writing:
“This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!”
Chief Justice Roberts, in his statement, reaffirmed judicial independence, emphasizing that impeachment should not be used as a tool to punish judges for their rulings.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts wrote. “The normal appellate review process exists for that purpose.”
Roberts’ position aligns with the historical view that judicial impeachment is reserved for cases of criminal wrongdoing or ethical violations rather than policy disagreements.
The debate over judicial impeachment and executive authority is expected to continue as the Trump administration moves forward with its border security and deportation policies.
Meanwhile, some Republican lawmakers have echoed Trump’s calls to investigate and possibly impeach Judge Boasberg, while others argue that the focus should remain on challenging the ruling through the appeals process.
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