No, the House Should Not Impeach Judge Over TdA TRO

I have previously written against calls to impeach federal judges who have ruled against the Trump Administration in the issuing of temporary restraining orders (TROs) and preliminary injunctions. The latest target of such calls in the House is  District Court Judge James Boasberg, who issued a temporary restraining order against Trump’s invocation of the Alien Enemies Act.  GOP members are making a mistake in engaging in the same impeachment craze that took hold of the Democratic members in prior years (and continues this year). The way to respond to such rulings is to appeal them, not to try to remove judges (which is neither warranted nor likely).

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One of the greatest abuses of the Democratic party in the past eight years has been their use of impeachment investigations and charges against their political opponents. From President Donald Trump to conservative justices, liberal members have demanded impeachments over everything from opposing the NFL kneelers to hanging revolutionary-era flags.

Now, some Republican members (and Elon Musk) have joined this frenzy in calling for the impeachment of judges who ruled against Trump’s earlier executive orders and programs. Elon Musk has supported this effort.

The Trump Administration was fully aware that the executive proclamation invoking the use of the Alien Enemies Act to detain and deport members of Tren de Aragua would be controversial. While the Administration believes that it can establish the legal basis for such use of the largely dormant law, the issuing of a temporary restraining order within hours of the EO was not unexpected. We expect an expedited and intense appeal process to now unfold.

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