Fix the Court supports the resolution introduced today by Sen. Marsha Blackburn condemning the behavior of N.D. Georgia Judge Eleanor Ross.

Ross engaged in sexual activity with an Atlanta Police Department deputy chief in her chambers during work hours on several occasions and within earshot of her staff, and then lied about it when confronted by Eleventh Circuit Chief Judge Bill Pryor.

Though it is rare, if not unheard of, for the Senate to be out in front of the House when it comes to the oversight of serious judicial misconduct — impeachment must start in the House, of course — we believe the resolution may act as a shot in the arm given that the lower chamber has failed to act meaningfully to this point. All we’ve seen from the House are two impeachment resolutions introduced by highly partisan members, neither of whom sits on the Judiciary Committee.

Back in May, Fix the Court called on House Judiciary to appoint a bipartisan task force to determine whether an impeachment resolution is warranted.

That’s exactly what the Committee did in 2008 following allegations of misconduct committed by E.D. Louisiana Judge Thomas Porteous. Porteous was later impeached and removed.

The way the Senate works nowadays is that bills of a lower magnitude like this — compared to, say, a “must-pass” annual defense bill or a continuing resolution on the budget — don’t get debated on the floor; they either pass via unanimous consent (UC) or fail to pass when a single senator withholds consent.

We had hoped that the Senate would pass the resolution via UC, but Sen. Dick Durbin withheld his consent, saying that a vote on the bill could “taint the jury,” since the Senate serves as the jury in impeachment proceedings.

That’s a fair point. But our view remains that the resolution should have passed via UC.