The 1970 Impeachment Attempt Against Justice William O. Douglas

In 1970, a resolution to impeach Supreme Court Justice William O. Douglas was introduced in the House of Representatives. The move was led by Gerald Ford, then the Republican House minority leader, who would later become president.

Above the Law

The impeachment drive emerged amid heightened partisan tension following the Senate’s rejection of two of President Richard Nixon’s Supreme Court nominees. Contemporary observers interpreted the effort as retaliation for those rejections, linking the push to broader battles over the judiciary.

Above the Law

• William O. Douglas – Associate Justice of the Supreme Court, known for his liberal jurisprudence and long tenure.

Above the Law

• Gerald Ford – House minority leader in 1970, later the 38th President of the United States, who later selected Douglas’s successor.

Above the Law

The impeachment resolution failed to gain sufficient support and Douglas remained on the bench. He retired in 1975, after which President Ford, now occupying the Oval Office, appointed John Paul Stevens to fill the vacancy. The episode illustrates how impeachment threats have been used as political tools, even against members of the judiciary, without resulting in removal.

Above the Law

Ford’s articulation of impeachment criteria underscored the principle that the House alone determines the threshold for removal. The broader political context—particularly the Senate’s earlier refusals of Nixon’s nominees—was cited as a motivating factor for the impeachment attempt, though the resolution never advanced beyond the proposal stage.

Above the Law