Assuming Justice Scalia’s new opinion about Wickard vs Filburn is what it appears to be, which is a convenient lie to explain why he is more loyal to ideology than to his own constitutional interpretations, then he should be impeached. He won’t be, of course, but as Nathan Newman points out
Talking about impeachment, however, is a way to label this right-wing Court majority as the partisan tool of corporate right-wing interests that it has become.
That the constitutional question about the health care mandate is nothing but a partisan, political, attack on the President is belied by the fact that ideologues who are leading the attack once supported such a mandate. That Justice Scalia plans to go along with the ruse appears to be indicated by timely reversal of opinion about a Supreme Court case which he once supported.
We can’t read Scalia’s mind to determine if he’s shaping his beliefs to support an agenda, but we can look at the evidence. While agreeing with Wickard vs. Filburn should coincide with support for the Affordable Care Act, proclaiming Wickard a mistake isn’t necessarily preparation for declaring ACA unconstitutional. And if Scalia ends up supporting ACA, it would be pretty strong evidence that his change of heart about Wickard was genuine.
But if Justice Scalia votes down ACA, despite his previous opinion which lays groundwork for supporting it, than it would appear that he is willing to flip on his beliefs in order to support political goals. That would not be good behavior for a Supreme Court justice, and would be reason to bring up the conversation about impeachment.
Talking about impeachment now will likely have no immediate effect, but it may reduce political influence on the Court in the future.