The Department of Justice (DOJ) is exploring the possibility of referring federal judges to Congress for impeachment, highlighting an escalation in the tension between the executive branch and the judiciary. This discussion arose during a recent virtual meeting with U.S. attorneys where a senior DOJ official, Associate Deputy Attorney General Aakash Singh, raised the issue for the first time, motivated by numerous complaints about judges perceived as overly activist or obstructive. The impeachment of federal judges has historically been rare and would require a significant showing of support from Congress.

The implications of this move could be profound, as it represents a challenge to the independence of the judiciary. The DOJ's attempt to turn to Congress could spur a political battle over the scope of judicial power and the roles of the different branches of government. The administration's concerns stem from a belief that some judges are acting beyond their constitutional authority, thereby obstructing the implementation of federal laws and policies.

As House Republicans express renewed interest in impeaching 'activist' judges, the situation could provoke further political polarization, potentially leading to an overhaul in how judicial authority is perceived and managed in the U.S. The DOJ's evaluation and any resultant actions could signal a significant shift in legal norms and the balance of power within the federal government.