The paper, “How To Remove a Federal Judge” by law professors Saikrishna Prakash and Steven D. Smith, lays out a road map for, well, how to remove a federal judge without resorting to the impeachment power. It argues that a provision of the Constitution stating that federal judges and justices “shall hold their offices during good behaviour” is widely misunderstood.
Contrary to the “virtually unquestioned assumption among constitutional law cognoscenti that impeachment is the only means of removing a federal judge,” Prakash and Smith argue that the term “good behavior” is a legal term of art that would have been understood by the founding generation to allow judges to be removed by “judicial process.”
How to remove Supreme Court justice Brett Kavanaugh without impeachment - Vox
"During". I guess you missed that part? Kavanaugh was accused of doing this stuff forever ago.
There was a massive pile of judicial ethics complaints that Kavanaugh was under investigation for when he was approved. They were thrown out by chief justice Roberts on the assumption that somehow being on the Supreme Court meant that those ethics investigations were no longer relevant.
What this article appears to be arguing is that those investigations should not have been thrown out. That Supreme Court Justices are not above the law and there may therefore be due cause to remove them without necessarily charging them with a crime or impeaching them. This may apply similarly to the way in which members of congress may be subject to ethics violations.
It's FAR more important to win the Senate and WH.
There is no reason both cannot be given the proper attention.
There was a massive pile of judicial ethics complaints that Kavanaugh was under investigation for when he was approved. They were thrown out by chief justice Roberts on the assumption that somehow being on the Supreme Court meant that those ethics investigations were no longer relevant.
What this article appears to be arguing is that those investigations should not have been thrown out. That Supreme Court Justices are not above the law and there may therefore be due cause to remove them without necessarily charging them with a crime or impeaching them. This may apply similarly to the way in which members of congress may be subject to ethics violations.
http://cdn.cnn.com/cnn/2019/images/08/02/c.c.d._no._19-01_august_1_2019_0.pdfThe Tenth Circuit Judicial Council consolidated the transferred complaints, pending complaints, and subsequently-filed complaints—83 in total—for purposes of review. Those complaints focus on Justice Kavanaugh’s conduct occurring during the September 27 confirmation hearing, as well as his testimony at prior confirmation hearings.1 They allege various violations of the Canons of the Code of Conduct for United States Judges, as well as the standards of conduct set forth in the Judicial Conduct and Disability Act and the Rules for Judicial-Conduct and Judicial-Disability Proceedings for making inappropriately partisan statements and behaving in a demonstrably hostile manner during the hearings...
This is interesting.
That should give us all something to chew on.
Hmm.. well since all "83 complaints" were raised as to "issues" during Kavanaugh's appointment hearings before the Congressional Committee...:
http://cdn.cnn.com/cnn/2019/images/08/02/c.c.d._no._19-01_august_1_2019_0.pdf
...they seem to be "politically motivated" rather than factual issues of judicial misconduct while serving as a Judge of the Appellate or any other Court.
In any case, as Chief Justice Kennedy is the supreme Justice for purposes of such review, he has the power to do exactly what he did; dismiss those "complaints" for the trash they were.
Hmm.. well since all "83 complaints" were raised as to "issues" during Kavanaugh's appointment hearings before the Congressional Committee...:
http://cdn.cnn.com/cnn/2019/images/08/02/c.c.d._no._19-01_august_1_2019_0.pdf
...they seem to be "politically motivated" rather than factual issues of judicial misconduct while serving as a Judge of the Appellate or any other Court.
In any case, as Chief Justice Kennedy is the supreme Justice for purposes of such review, he has the power to do exactly what he did; dismiss those "complaints" for the trash they were.
1. I get it. I do. Kavanaugh, gorusch - stolen seats.
2. I don't care.
It's FAR more important to win the Senate and WH. The Scotus is bad; the lower courts even worse. Trump is appointing unqualified judges at breakneck speed and Mitch Mk**** is ramming them through ASAP.
The Senate and WH is far more important.
FOCUS ON THE ISSUES.
I don't understand this whole Kavanaugh madness. We have a conservative president he's going to appoint conservative judges. Even if you could remove Kavanaugh, they would just appoint someone else. Maybe someone worse. Kavanaugh is not the worst conservative judge out there from a liberal perspective.
I sue hope you guys keep playing these games. It makes me feel better about 2020 every day.
Kennedy? :lamo
Was that Freudian, seeing how Kennedy’s sudden resignation, leading to Kav’s appointment, also appears to be one of judicial misconduct?
Yes, there is a reason: Independents do not enjoy this sort of grabass being played.
The MSM is -never- going to learn to appropriately report if every goddamned accusation is given an insane amount of coverage and outrage.
Senate. WH.
Do NOT let that slip away.
"During". I guess you missed that part? Kavanaugh was accused of doing this stuff forever ago. My sweet shadow, this is absurd.
FOCUS ON THE SENATE AND WH.
I don't understand this whole Kavanaugh madness. We have a conservative president he's going to appoint conservative judges. Even if you could remove Kavanaugh, they would just appoint someone else. Maybe someone worse. Kavanaugh is not the worst conservative judge out there from a liberal perspective.
Insisting they're trash and claiming they're politically motivated without any evidence is quite childish.
I don't understand this whole Kavanaugh madness. We have a conservative president he's going to appoint conservative judges. Even if you could remove Kavanaugh, they would just appoint someone else. Maybe someone worse. Kavanaugh is not the worst conservative judge out there from a liberal perspective.
I sue hope you guys keep playing these games. It makes me feel better about 2020 every day.
None of this was an issue when Gorsuch was questioned. Democrats pounded sand over his ultraconservative record but his personal record was beyond reproach.
Even George W. Bush knew better than to ram through a SCOTUS appointee with a shady track record.
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