A Really Dumb Plan

According to the Politico, Arlen Specter intends to examine the statements of Chief Justice Roberts and Justice Alito to see if they were somehow misleading or inconsistent with the votes the justices have made since ascending to the Supreme Court. Yes, that would be Arlen Spector (R-often in name only, PA).

The idea is so foolish that it's almost tedious to discuss it. The Court is a co-equal branch of government with the Congress. The Constitution offers one remedy for misbehavior on the part of judges: Impeachment. A judge voting his conscience in a case that comes before him -- when that's what he's been sworn to do -- can't be construed as an impeachable offense anywhere outside an insane asylum, whether Arlen Specter likes the outcome or not. And that's really the end of the story. After all, this is hardly the first time that senators have voted for a justice hoping they're getting one thing and then winding up with another. Exhibit A: David Souter.

It's remarkable that Specter would choose this time and these justices to initiate such an undertaking. No doubt we'll see Justices Ruth Bader Ginsburg, Sandra Day O'Connor and other prominent jurists emerge to inveigh against the threat to judicial independence -- as they did when judges and justices were being criticized from the right. Or not.