PolicyBrief
H.RES. 556
119th CongressJun 27th 2025
Impeaching Charles R. Breyer, Senior Judge of the United States District Court for the Northern District of California, for high crimes and misdemeanors.
IN COMMITTEE

This resolution formally impeaches Senior District Judge Charles R. Breyer for high crimes and misdemeanors related to alleged interference with executive power concerning the deployment of the National Guard.

Randall "Randy" Fine
R

Randall "Randy" Fine

Representative

FL-6

LEGISLATION

House Resolution Seeks to Impeach Federal Judge Breyer Over National Guard Deployment Ruling

This resolution from the House of Representatives is the opening shot in a formal process to impeach Senior District Judge Charles R. Breyer of the U.S. District Court for the Northern District of California. It serves as the official article of impeachment, alleging that Judge Breyer committed “high crimes and misdemeanors” by knowingly and willfully abusing his position to push a political agenda, violating his oath to be impartial and fair.

When Policy Becomes Personal: The Impeachment Charge

The core of this accusation centers on Judge Breyer’s actions during the Trump administration regarding the deployment of the National Guard in Los Angeles. Specifically, the resolution claims that the judge improperly interfered with the Executive Branch’s power by trying to stop President Trump from using the National Guard to enforce laws. The document further alleges that Judge Breyer forced a constitutional conflict by requiring the President to disregard the Constitution simply to send the National Guard back to the Governor of California. Essentially, the House is arguing that the judge’s ruling—a judicial decision—was an overreach and an abuse of power that compromised the fairness of the judicial system.

The Real-World Stakes of Judicial Independence

For most people, the impeachment of a judge might seem like high-level political drama, but it touches on a fundamental issue: who gets to decide what the law means, and can judges be held accountable for their rulings? The U.S. Constitution provides impeachment as the ultimate check on the judiciary, reserved for “Treason, Bribery, or other high Crimes and Misdemeanors.” The concern here is that the grounds for impeachment are based entirely on a judicial ruling that the House disagrees with politically, rather than traditional misconduct like corruption or criminal behavior. If the legislative branch can remove a judge simply for making a ruling they dislike (in this case, challenging Executive authority), it raises serious questions about judicial independence. A judge facing potential removal for every politically charged decision might hesitate to make tough calls, impacting everyone who relies on an impartial court system.

The Separation of Powers Showdown

This resolution sets up a major constitutional confrontation. The House is using its most powerful legislative tool against a judge for actions taken within his judicial capacity. While the resolution claims Judge Breyer was pushing a “political agenda,” the specific act cited is a ruling on the Executive Branch’s use of military force—a classic separation of powers issue. The vagueness of “high crimes and misdemeanors” means the decision to proceed is inherently political. Judge Breyer is the immediate negatively impacted party, facing removal and public censure. However, the broader negative impact is on the perceived impartiality of the entire federal judiciary. When the accountability mechanism is deployed over a policy disagreement rather than clear ethical failure, it can make the courts look less like impartial arbiters and more like political battlegrounds, which is bad news for anyone needing a fair shake in court, from a small business owner suing a supplier to a citizen challenging a government agency.