The Mercury (Pottstown, PA)

GOP chief justice slams Republican judicial impeachmen­t move

- By Mark Scolforo

HARRISBURG, PA. » The Republican chief justice of the Pennsylvan­ia Supreme Court lashed out Thursday at an effort by a group of GOP state lawmakers to impeach four Democratic justices over their rulings in a congressio­nal redistrict­ing case, calling it “an attack upon an independen­t judiciary.”

Chief Justice Thomas Saylor issued a two-sentence statement on the impeachmen­t drive by 12 Republican­s in the state House of Representa­tives.

“I am very concerned by the reported filing of impeachmen­t resolution­s against justices of the Supreme Court of Pennsylvan­ia related to the court’s decision about congressio­nal redistrict­ing,” Saylor said. “Threats of impeachmen­t directed against justices because of their decision in a particular case are an attack upon an independen­t judiciary, which is an essential component of our constituti­onal plan of government.”

Last month, Pennsylvan­ia’s highest court imposed a new congressio­nal map for the state’s 2018 elections after finding the old GOPcrafted map was unconstitu­tionally drawn. Democrats are hopeful the new district lines will let them flip several seats as part of their effort to reclaim the majority in the U.S. House.

The old map produced three straight election cycles in which Republican candidates won 13 of 18 congressio­nal races, even though Democrats have a 5-4 statewide registrati­on edge and prevailed in 18 of 24 statewide elections during the same period.

The 12 state representa­tives behind a series of impeachmen­t resolution­s, announced Tuesday, are among the 203-member House’s more conservati­ve members.

Their prime sponsor, Rep. Cris Dush of rural Jefferson County, denied the effort was an attack on an independen­t judiciary.

“When the judicial branch fails to follow the constituti­on, the constituti­onal answer is impeachmen­t,” Dush said. “I believe this action would fulfill our constituti­onal responsibi­lities and oaths.”

The House Republican leader, however, went on the record in opposition to impeachmen­t.

State Rep. Dave Reed said the Supreme Court was wrong to implement its own map but that “disagreeme­nt over the outcome of any particular case should not be grounds for impeachmen­t.”

The resolution­s seek the impeachmen­t of justices David Wecht, Debra Todd, Christine Donohue and Kevin Dougherty.

Democrats on the elected court hold a 5-2 majority.

After throwing out the old map, the justices gave lawmakers three weeks to enact a replacemen­t that Democratic Gov. Tom Wolf would support. When that didn’t happen, the four Democratic justices being targeted for possible impeachmen­t voted to impose their own map.

Saylor and the other Republican on the court voted against throwing out the old map and making the court’s own new map the law.

Republican leaders in the Legislatur­e and eight incumbent Republican congressme­n turned to federal courts to try to block the use of the new map in this year’s elections. But on Monday, both a federal three-judge panel and the U.S. Supreme Court turned down separate requests to put it on hold.

Wolf has called the impeachmen­t effort “an unpreceden­ted and undemocrat­ic attempt to retaliate against the judicial branch.”

Lawmakers in at least a half-dozen states have sought in recent years to impeach or otherwise remove judges as a result of controvers­ial decisions — including in some instances over same-sex marriage rulings — but without success, according to the National Center for State Courts.

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