Chief Justice John Roberts Rebukes Trump’s Call To Impeach Judge Overseeing Deportation Case

18 Mar 2025 by Sara Dorn · Forbes

Topline

U.S. Supreme Court Chief Justice John Roberts said President Donald Trump’s call for the impeachment of a federal judge probing whether his administration violated a court order was inappropriate on Tuesday in a rare statement that comes as Trump and his allies have challenged the judiciary’s authority over the executive branch.

President Donald Trump talks to members of the media as he visits the John F. Kennedy Center for the ... [+] Performing Arts in Washington, DC, on March 17, 2025. (Photo by JIM WATSON/AFP via Getty Images)AFP via Getty Images

Key Facts

Roberts said that “for more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” adding “the normal appellate review process exists for that purpose.”

Roberts, who was appointed by former President George W. Bush, was responding to Trump’s comments earlier Tuesday on Truth Social in which he called U.S. District Judge James Boasberg a “radical left lunatic of a judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama,” insisting he “should be IMPEACHED!!!”

Trump made the comments after Boasberg ruled the executive order Trump issued Saturday invoking the Alien Enemies Act of 1798—which Trump argues allows him to deport some undocumented migrants without court hearings—should be paused for 14 days.

Boasberg is probing whether the Trump administration defied the order by sending more than 260 migrants to a prison in El Salvador, including some who the administration said were members of the Venezuelan gang Tren de Aragua.

The Trump administration claims the flights departed before Boasberg issued his written order Saturday evening.

How Can Judges Be Impeached?

The House can impeach federal judges by majority vote, setting up a trial in the Senate, where votes from two-thirds of members are required to remove a federal judge—a highly unlikely outcome given the Senate’s partisan split. The U.S. Constitution states that judges can be impeached following convictions in for “treason, bribery or other high crimes and misdemeanors,” and also states that judges “shall hold their offices during good behavior,” according to the Brennan Center for Justice.

Surprising Fact

Trump has routinely attacked judges—and some of their family members—who rule against him, but he has also defended conservative justices, telling members of the Justice Department in a speech on Friday it is “totally illegal” to criticize judges. At the same time, the White House has suggested that lower level courts do not have authority over Trump: White House Press Secretary Karoline Leavitt told reporters “you cannot have a low-level district court judge filing an injunction to usurp the executive authority of the president of the United States,” referring to an order blocking the administration’s termination of thousands of probationary federal workers. Billionaire Elon Musk also called for Boasberg to be impeached over the weekend, writing on X “necessary” in response to Rep. Brandon Gill, R-Texas, who said he would file articles of impeachment against Boasberg. Leavitt, when asked by a reporter on Monday about Trump’s own contradictions regarding criticism of judges, said “I have not heard the president talk about impeaching judges. I know you mentioned Mr. Musk’s tweet, but I have not heard the president of the United States ask that.”

Key Background

The Trump administration said it deported more than 260 migrants Saturday, including 137 removed under the Alien Enemies Act, despite Boasberg’s order blocking the wartime authority from taking effect for at least 14 days. The Justice Department, in a hearing Monday, argued that the deportation flights had already departed at the time Boasberg’s written order was issued at 7:26 p.m. EDT. Boasberg, in a verbal order issued at 6:45 p.m., said flights already in progress should be turned around and suggested he only lost jurisdiction if the migrants had already been transferred to foreign governments. The written order did not contain the language about flights already in progress, however, and the Trump administration has argued the verbal order doesn’t carry the same weight.

What To Watch For

Boasberg gave the Justice Department a deadline of 12 p.m. Tuesday to provide information about the terms under which the migrants were deported Saturday and flight logs showing exactly when they were removed, after the DOJ refused to answer those questions in a hearing Monday. Earlier Monday, the Trump administration asked a Washington, D.C. federal appeals court to remove Boasberg from the case, arguing he engaged in “highly unusual and improper procedures.”