The Case for Impeaching and Removing Every Federal Judge and Supreme Court Justice Who Has Ever Been a Member of the Federalist Society or Endorsed Unitary Executive Theory.
The Unitary Executive Theory was" invented in the Reagan administration, by lawyers who needed a constitutional argument that would expand presidential power in directions the conservative movement wanted it expanded." So it's 40 years old but claims to be what the original founding fathers believed 250 years ago.
Their claim is very thin and is not supported by any of the records of debates in the first Congress. "The theory’s proponents knew this. They built the doctrine anyway, because the doctrine was useful, and they spent four decades credentialing the lawyers who would become the judges who would convert a Reagan-era policy preference into binding constitutional law."
The Federalist Society played a long game. If they were honest in applying the UET in their rulings, the results would be symmetrical and it wouldn't matter if it was a Democratic or Republican president. But their decisions are clearly different when the president is a Republican than when a Democratic president is in power.
Decision by decision, Federalist Society judges inserted the UET into their decisions – and in doing so they undermined the actual provisions in the Constitution. It's treason in slow motion, really.
Christopher Armitage's piece lays out the grounds for impeaching and removing every judge who is a Federalist Society member and claims to believe in the Unitary Executive Theory. It doesn't seek to ban the organization since freedom of speech and to assemble is built into the Constitution, but to keep them off the bench since their allegiance is NOT to our Constitution as written. They betray the oath of office they take by adhering to the UET.
But if no member of the Federalist Society would ever get appointed judge due to the UET, the organization is likely to become a shadow of its former self quickly as members find that it's a disadvantage.
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