Lawyers Speak Out Against Calls to Impeach Judges

Recent public statements concerning impeachment of judges has prompted some New Jersey lawyers to speak out about the importance of judicial independence in maintaining the rule of law.

Statements calling for judges to be impeached undermine the authority of the judiciary and threaten the foundational structure of our country’s three co-equal branches of government, the Association of the Federal Bar for the State of New Jersey said in a statement Monday.

The group did not specify any particular statements that prompted it to speak out, but said it was reacting generally to the tone of statements being made about judges on a national level.

“More than 220 years ago, in Marbury v. Madison, the United States Supreme Court settled our country’s foundational structure of three co-equal branches of government, with the independent judiciary as the final arbiter as to the law of the land. Those foundational principles are threatened when members of the judiciary are personally attacked or intimidated because of a decision they have rendered. Threats to impeach Article III judges for upholding the law compromise this country’s rule of law, and challenge the system of checks and balances which is a foundation of this country’s democracy,” the New Jersey group’s statement said.

“The AFBNJ condemns these actions and calls on all to support those in the judicial branch who took an oath to administer justice and impartially discharge their duties under the Constitution and laws of the United States,” the group said.

The group’s decision to speak out was not prompted by any one statement, but by multiple instances in which impeachment was raised, said its immediate past president, Victor Afanador.

“Nationally, there have been comments about the integrity of Article III judges. We make this statement now, early, before any such criticism or rhetoric comes to our home in the District of New Jersey. This is more a general commentary on this rhetoric and this tone that is uncalled for,” Afanador said.

His group has historically spoken out on a nonpartisan basis about threats to judicial independence, Afanador said.

“Article III judges are protected by this system of checks and balances and should be allowed the independence to rule based upon their interpretation of the law and common law and the rule of law,” he said. The system of checks and balances was created by the founding fathers, and “no one can challenge that, either a Federalist or someone who views the Constitution as a dynamic, living, breathing document,” he said.

There’s no shortage of recent examples from the Trump administration of officials questioning the authority of judges, as many of the administration’s policy initiatives have been blocked by court orders. Judges have issued injunctions against Trump’s effort to repeal birthright citizenship by executive order, to permit access to Treasury records by Elon Musk’s Department of Governmental Efficiency, and to freeze funding for the United States Agency for International Development.

Musk said on X on Feb. 13 that “there needs to be an immediate wave of judicial impeachments, not just one.”

The statement, which was reported in multiple media outlets, was apparently later taken down.

And on Feb. 12, Musk said on X, “We must impeach judges who are grossly undermining the will of the people and destroying America. It is the only way.”

That statement came after a U.S. judge in the Southern District of New York, Jeanette A. Vargas, extended a temporary order blocking Musk’s Department of Government Efficiency from accessing the Department of Treasury’s payment systems.

Judges have so far issued temporary injunctions pausing Trump’s executive orders to revoke universal birthright citizenship and to withhold federal funding from so-called sanctuary cities that do not help with immigration enforcement. They have also paused Trump’s federal funding freeze, forced administrative leave for at least 2,000 employees of the U.S. Agency for International Development and effort to permit access to Treasury Department records by billionaire Elon Musk’s so-called Department of Government Efficiency.

White House Press Secretary Karoline Leavitt likewise criticized federal judges who issued rulings derailing Trump’s initiatives, who, she said on February 12, were “abusing their power to unilaterally block President Trump’s basic executive authority,” Leavitt said. “We believe these judges are acting as judicial activists rather than honest arbiters of the law.”

The Association for the Federal Bar of the State of New Jersey’s statement on judicial independence follows another such statement from The American Bar Association.

That group said on Feb. 11 that “[t]hese bold assertions, designed to intimidate judges by threatening removal if they do not rule the government’s way, cross the line. They create a risk to the physical security of judges and have no place in our society. There have also been suggestions that the executive branch should consider disobeying court orders. These statements threaten the very foundation of our constitutional system. ”