Can Judge James Boasberg Be Impeached? How Process Works as GOP Push Grows

U.S. District Judge James "Jeb" Boasberg, who last week ordered the Trump administration to pause deportations under the Alien Enemies Act—including flights carrying alleged gang members to El Salvador—is now facing growing calls for impeachment from Republican lawmakers. But how does the judicial impeachment process work?

Newsweek has reached out to some legal scholars for comment via email on Saturday morning.

Why It Matters

On Tuesday, President Donald Trump called for the impeachment of Boasberg, calling him a "Radical Left Lunatic." Boasberg was first named to D.C. local courts as a judge by Republican President George W. Bush and later elevated to the federal district court by Democratic President Barack Obama.

The administration's push back on Boasberg's court order, as expressed in court filings and press briefings, has inflamed Republicans push for the judge's removal, with Representative Brandon Gill of Texas formally filing articles of impeachment.

Conservative Supreme Court Chief Justice John Roberts intervened against the backlash targeting Boasberg, stating, "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision," emphasizing that "the normal appellate review process exists for that purpose."

Some Democrats and Trump critics warn that the president is steering the country toward a constitutional crisis by attempting to expand executive power at the expense of Congress and the judiciary.

What To Know

Last Saturday, Trump invoked the Alien Enemies Act of 1798, granting the president authority to deport non-citizens without appearing before a judge, among other wartime authorities. Shortly after its invocation, Trump moved to deport around 250 people to El Salvador which Boasberg ordered to temporarily halt.

The following morning, U.S. Secretary of State Marco Rubio confirmed that alleged members of the MS-13 and Tren de Aragua gangs had arrived in El Salvador from the U.S. Since then, the Trump administration has been entangled in a legal dispute, expressing frustration with the court, saying the situation has "devolved into a picayune dispute" and the court should end its "continued intrusions" into executive authority, according to court documents reviewed by Newsweek.

Trump designated the gangs as terrorist organizations in an executive order signed in January.

Impeaching a federal judge is not typically a response to potentially unpopular rulings, but rather to allegations of misconduct or other serious violations. The process usually begins with an investigation, followed by the introduction of articles of impeachment to the House Judiciary Committee.

Gill's impeachment push charges Boasberg with an "abuse of power," arguing that he "knowingly and willfully use his judicial position to advance political gain while interfering with the President's constitutional prerogatives and enforcement of the law." The resolution has 16 co-sponsors, including Representatives Andy Biggs of Arizona, Lauren Boebert of Colorado, and Marjorie Taylor Greene of Georgia, among others.

If passed through the judiciary committee, the articles would then arrive on the House floor. A simple majority vote is required to pass the articles in the House. While Republicans hold a narrow majority, it is not guaranteed that all GOP members would support the move, as many have already expressed doubt on the matter.

If the articles of impeachment introduced by Gill are passed, the process would then move to the Senate. The articles require a two-thirds majority vote, an outcome considered highly unlikely given the slim Republican majority and the need for significant Democratic support.

Ultimately, Boasberg's impeachment remains highly unlikely. Judicial impeachments are rare; just over a dozen federal judges have been impeached in U.S. history, according to the Federal Judicial Center.

What People Are Saying

Cheryl Bader, a Fordham Law School professor, told Newsweek in an email Saturday: "I know of no precedent for impeaching a judge because a separate branch of government is unhappy with the judge's ruling and wants to punish the judge rather than go through the proper appeals process. This is a disturbing congressional assault on an independent judiciary."

Representative Jim Jordan, House Judiciary Committee chair, said on a CNN appearance this week: "Well, normally, as Chief Justice Roberts has pointed out, the remedy for bad decisions is the appellate court. But it seems to me you may have something a little different here. This judge's decision was so ridiculous. It seems to be political... And so for us Republicans and I think folks on the Judiciary Committee, all options are still on the table."

Norm Eisen, a senior fellow at Brookings Institute, said in a CNN appearance: "If Trump defies Judge Boasberg's ruling on the deportation flights, then he can—& SHOULD—hold Trump in contempt Boasberg is respected across the aisle—attacking him & calling for impeachment because he ruled against you is a losing move."

Representative Dusty Johnson, a South Dakota Republican, told The Hill: "We shouldn't impeach judges because they render a decision we disagree with. The remedy for bad decisions is getting them overturned on appeal."

Representative Brandon Gill, a Texas Republican, wrote on X, formerly Twitter, on March 18:"I just introduced Articles of Impeachment against radical activist Judge James Boasberg. He is guilty of high crimes and misdemeanors and should be removed from office."

What Happens Next?

The Trump administration continues to fight the measure in court with Boasberg presiding over the case, who said in a March 20 filing that the materials the government have provided are "woefully insufficient."

Boasberg has ordered the government to submit a declaration stating whether it is invoking the state secrets privilege, and to file a brief by March 25 "showing cause why they did not violate the Court's Temporary Restraining Orders by failing to return class members removed from the United States on the two earliest planes that departed on March 15, 2025," according to court documents reviewed by Newsweek.

Update 3/22/25, 11:30 a.m. ET: This article has been updated with Bader's comment.