Amid the record number of impeachment efforts in 2011 against state judges, I noted at the time Oklahoma stood apart in seeking the impeachment against a federal judge. In 2013, it appears to be Ohio’s turn.
United States District Court Judge Timothy S. Black issued restraining order in June of this year that required the Ohio recognize the same sex marriage of a couple from out of state (Maryland). Judge Black then issued a permanent injunction in September.
Almost immediately after the September order a member of the Ohio House threatened impeachment against Judge Black (h/t Gavel Grab). That impeachment resolution was introduced on November 12 as HCR 37. The resolution reads as follows:
WHEREAS, The federal government has an ever-growing propensity to violate state sovereignty; and
WHEREAS, The violation of state sovereignty has been a trend since the early nineteenth century and has accelerated exponentially in recent decades; and
WHEREAS, Rather than protecting state sovereignty, the federal judiciary has been the primary perpetrator of the violation of state sovereignty; and
WHEREAS, Federal judges are appointed for life and the states and people, except as otherwise represented in Congress, are powerless against them; and
WHEREAS, The United States House of Representatives has the power to impeach federal judges and the United States Senate has the power to remove them from office; and
WHEREAS, The impeachment of rogue federal judges will begin the process of restoring state sovereignty to the original intent of the United States Constitution; and
WHEREAS, The drafters of the Constitution have provided impeachment as the mechanism, beyond appeal, for the people to remove lifetime appointees; and
WHEREAS, Since 1797, eight federal judges have been impeached and removed from office and three more have resigned prior to their potential removal; and
WHEREAS, In July 2013, United States District Court Judge Timothy S. Black ordered that Ohio recognize the homosexual marriage of John Arthur and James Obergefell; and
WHEREAS, In September 2013, Judge Black ordered that Ohio recognize the homosexual marriage of William Herbert Ives (deceased) and David Michener; and
WHEREAS, Judge Black’s orders are a clear violation of Article XV, Section 11 of the Ohio Constitution and the Tenth Amendment of the United States Constitution; and
WHEREAS, Judge Black has demonstrated his incompetence by allowing his personal political bias to supersede jurisprudence; now therefore be it
RESOLVED, That, in consideration of the above, we, the members of the 130th Ohio General Assembly, respectfully urge the Ohio Congressional delegation to initiate impeachment proceedings against Judge Timothy S. Black of United States District Court for the Southern District of Ohio; and be it further
RESOLVED, That the grounds for impeachment are malfeasance and abuse of power; and be it further
RESOLVED, That the Clerk of the House of Representatives transmit duly authenticated copies of this resolution to the Speaker and the Clerk of the United States House of Representatives, to the members of the Ohio Congressional delegation, and to the news media of Ohio.