http://www.kgw.com/kgwnews/story.html?StoryID=22078



Eugene Attorney Tries to Impeach High Court
June 26, 2001, 08:30 AM

By AP Staff

A former member of Congress launched a campaign to impeach the five
conservative Supreme Court justices who voted to stop the presidential ballot
recount in Florida last year -- but admits it's a long shot.

Charles Porter, an 82-year-old attorney in Eugene, said the Supreme Court
ruling was so clearly influenced by politics that under the Constitution
there may be grounds to impeach the justices for bias.

The 5-4 decision in December resulted in George W. Bush being named
president-elect and his opponent Al Gore conceding the election.

"They did wrong, they voted politically to stop the election," Porter said.

"A lot of people out there think this would be a terrible precedent for the
United States if the court could ... vote for political reasons," he said.

At issue is a clause in the Constitution calling on judges to show "good
behavior," Porter said. While this is not defined in the founding document,
the American Bar Association says judges should avoid bias or even the
"appearance of impropriety."

"We say they tarnished the integrity of the U.S. Supreme Court," Porter said.

Porter wrote a resolution seeking the removal of justices William Rehnquist,
Antonin Scalia, Clarence Thomas, Sandra Day O'Connor and Anthony Kennedy.

"A lot of people think the Supreme Court is all powerful. Well, they are if
they're handing down decisions. But not if they're violating the
Constitution," he said.

Porter found some support over the weekend within the state Democratic Party.

The chairman of the party's Executive Committee, Jim Edmunson, agreed
Saturday to sponsor the proposal for a vote at the party's central committee
meeting on July 22. If it passes, the state party could recommend other
states pass similar resolutions.

"The idea is to draw attention to the problem," Edmunson said. "We're
treating this as something with legal merit. Whether it's politically
feasible is another question."

Congress, which must initiate the articles of impeachment, is now controlled
by a majority of Republicans.

More than 600 law professors around the country have signed a petition
decrying the Supreme Court decision, and some have asked the Senate to
refrain from ratifying any appointments to the court while President Bush is
in office.

About 14 law professors in Oregon have signed on, according to Steve Bender,
a law professor at University of Oregon.

Porter served two terms in Congress beginning in 1957. He later used his
practice in Eugene to litigate over a 30-year period for the removal of a
cross from public land in the city.



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