Impeach Future Justice Kavanaugh!

Are we really going to believe that Keith Ellison doesn’t want him impeached?

Some time ago we got a cockamamie plot from the left that was supposed to remove Justice Gorsuch, make Paul Ryan president, have him select Hillary Clinton as his VP, and force him to resign. Where Hillary would then appoint Barack, Michelle, Merrick, or the Horny Hick to the Supreme Court.

While the left may have come off the histrionics as they relate to Trump’s legitimacy and his authority to nominate judges, there is still the sense that anything Trump does must be opposed or reversed.

The DailyWire and the DailyCaller both covered statements that Congressman and Deputy DNC Chairman, Keith Ellison, made regarding the possibility of impeaching Supreme Court justices.

Ellison masks his intentions by feigning deference to constitutional restrictions on impeaching judges. He says that should the Democratic Party regain control of the house and senate, they would still need to find evidence of corruption or “something like that.”

While he is correct in the literal sense, the problem is that the democrats have already been convinced that corruption exists. It’s an eventuality for them. As Senator Blumenthal already mentioned, Trump picked Kavanaugh because he will protect Trump from indictment (or so they claim, never mind that Christopher Scalia debunked this distortion of an opinion by Judge Kavanaugh).

Kavanaugh is corrupt because Trump appointed him. That’s it. If the Democratic Party controls both houses of congress, the facts of the case are irrelevant.

The framers made it clear that justices were not to be removed for capricious reasons. There was some debate as to the scope of the judiciary’s insulation from the political processes and accountability.

The Anti-Federalists believed that “there is no authority that can remove them from office for any errors or want of capacity.” They lamented that wickedness masked by error would insulate judges from political and legal accountability.

Hamilton argues in Federalist 79 that such accountability would give “scope to personal and party attachments and enmities, [rather] than advance the interests of justice or the public good.”

If Supreme Court justices were to be removed for anything other than law breaking, we’d be removing them all the time. While the definition of “during good behavior” is malleable, both the anti-federalists and later congresses understood it to match the criteria mentioned in Article II. Judges are considered civil officers. They can only be removed for misconduct.

There is an excellent article that delves into this subject, though it was written in the context of judicial mental capacity.

Some of you may note that I have previously entertained notions of impeaching federal judges. I make this exception because lower courts are established by congress, not by the constitution. I’ve also never claimed that a judge should be impeached for bad decisions alone, but rather for decisions that threaten the very structure of our constitution. But even I understand that my view of what is constitutionally permissible is different from that of a liberal and therefore it is an impossible standard to create when we have political differences. Impeaching federal judges is only politically acceptable in a constitutional utopia. Good constitutional behavior is a nice thought, but unfortunately, it’s not the accepted standard for removing judges. It’s “good behavior,” which while we’re talking about the head of the judicial branch, we’d better not get it wrong just to score political points.

So I am all for trying out a couple of threats of impeachment directed at rogue federal judges, if for no other reason than to get them to recognize congress’ predominance. I am not for storing up political grievances in order to undo a President’s legacy by impeaching his appointments to the Supreme Court.

Did Keith Ellison say he wants to impeach Kavanaugh if he’s seated? Not exactly.

Can we expect that this possibility will be brought up should the democrats regain control? You bet.

Comments
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JASmius
JASmius

The same impeachment reality applies to a future Justice Kavanaugh as it does to Trump: if Dems retake both houses of Congress in November, they'll have the numbers to impeach, but not to remove from office, which makes the whole idea a complete waste of time. I think elected Dems know this, even Ellison, and this sort of rhetoric is more red meat to keep their rabid base happy than anything else. Just like Trump's Twitter feed does to #Cult45.

mudskipper
mudskipper

So I tried to find a video of Keith Ellison talking about this. The only videos I could find were from right-of-center sites that cut Keith Ellison off when he starts the sentence "But let me say this...". One wonders what he was about to say. Something that would make this story less click-bait worthy?

AmericanPatriot
AmericanPatriot

I hope sane Americans will out number the insane Americans in the election in November and reduce the number of Democrats in the congress and state houses around the country. The left is insanely fallen into such deep despair they cannot function with any amount of logic. They are acting like spoiled brats they think they get to call the shots when they lose elections. It is time to put them into such a low number that the American people will not trust them with power until they grow up and become mature adults that can use logic and reason.

BenjaminD
BenjaminD

Lol, this is a horrible conspiracy theory.

Someone asked him a question and he responded with a reasonable answer. You impeach someone for a cause like corruption.

I imagine it's nice to think that day are impeachment crazy and will go around trying to remove everyone from office. But that's unfounded.

This is as bad as those deportations to assert Kennedy made a backroom deal with Trump.

More likely if they win the Senate they will just stall any supreme court nominee until 2020 like McConnell did. Which is just how the supreme court will work from now on.