Even before Sen. Dianne Feinstein dropped that letter she’d been sitting on for six weeks, there were plenty of wishful thinking articles and tweets about how even if Judge Brett Kavanaugh were confirmed, he could be impeached after he was seated.
Kavanaugh has been seated, but the anti-Kavanaugh faction isn’t giving up yet. In the Washington Post Wednesday, University of Chicago law professor Aziz Huq argued that there are two ways to remove Kavanaugh from the Supreme Court that don’t rely on impeachment.
Perspective: Two ways Democrats can remove Kavanaugh — without impeaching him https://t.co/1fR26lH7f8
— Washington Post (@washingtonpost) October 17, 2018
1. A DeLorean
2. Magic beans https://t.co/LQAyAHldye
— TheBlaze (@theblaze) October 17, 2018
In short, here they are:
In the first, a new president would nominate and the Senate would confirm by majority vote a justice — in this case Kavanaugh — to a different post on an intermediate court of appeals (say the D.C. Circuit, where Kavanaugh formerly served). The justice would, in effect, be demoted.
That brings us to the second alternative method of relieving a justice of his or her duties. In a 2006 article in the Yale Law Journal, two scholars (conservatives, as it happens), Saikrishna Prakash and Steven D. Smith, amassed historical evidence that the Framers understood the “good behavior” standard to be judicially, rather than just politically, enforceable.
Little good has come from the Kavanaugh confirmation process. But Kavanaugh opponents have a rare chance to push for a positive institutional change as they press their immediate agenda. If the political stars align, something good for our constitutional democracy might result from their efforts: a better way to discipline errant federal judges.
Discipline Kavanaugh for what, exactly?
— TexasForever (@jmtomsick) October 17, 2018
The dumbest people. https://t.co/Z1YAhXudg7
— Lee Doren (@LDoren) October 17, 2018
Completely insane https://t.co/vIPnj2ET74
— Dan McDermott (@danielpmcdermot) October 17, 2018
This spurious arrangement would still rest on Justice Kavanaugh accepting the nomination to a lower position. How many people actually thinks that will happen. File this under FAKE NEWS.
— Charles Beauchamp (@cgbeauchamp1958) October 17, 2018
Boy, this sure seems like a winning strategy. ? https://t.co/GMnk8B1Z1n
— Peasant Pol (@PeasantPol) October 17, 2018
1) Accuse him of gang rape without evidence
2) Accuse him of bad temperament when he reacts to accusing him of gang rape without evidence
Wait, they already tried that.
— Expert Thinker (@ExpertThinker) October 17, 2018
Disgraceful. A news organization plotting an agenda rather than writing the day's news.
When you look for ways to hurt someone, then you are the problem. In civil society we tend to wait for a crime before we look for a crime. But that's not how Dems operate.
— Jason Billings (@SingleDallasGuy) October 17, 2018
Impeachment would be too divisive, so let's create a constitutional crisis or relitigate his confirmation hearing.
— Razor (@hale_razor) October 17, 2018
This is going to be like Hillary's loss isn't it? ? https://t.co/5VL2zBCs0h
— Chad Felix Greene (@chadfelixg) October 17, 2018
The stages of grief, apparently waPo is still in the bargaining phase. https://t.co/CWPlutmR0F
— Haggers “Hagsy” Barlowe, Ph.D. (@haggerskme) October 17, 2018
1803 precedent, seriously? What a joke
— Mr Sparkly Sparkle (@MisterSparkle3) October 17, 2018
As Steven Tyler would say: Dream On https://t.co/VWIGIFHilT
— 1% Pakistani (@ARaised_Eyebrow) October 17, 2018
— Eric (@Emass85) October 17, 2018
Hey guys, the game is lost. Move on. This stance makes you look weak and petulant.
Plan your next moves, don't waste time trying to undo something that's already done.
— Lampos (@graviolis) October 17, 2018
Democrats chose this to be their hill to die on. Remind them of that on Election Day. https://t.co/6SLg8MUG5H
— Paul Z (@PaulZWaDC) October 17, 2018
LOL please…PLEASE run on this. Good lord.
— Requiem_Boogey (@Requiem_Boogey) October 17, 2018
And you want me to pay $ to access this junk?
— Ron Woods (@ronjwoods) October 17, 2018
Group of witches to place hex on Justice Brett Kavanaugh at occult bookstore in Brooklyn https://t.co/LtVXT552Fs
— Twitchy Team (@TwitchyTeam) October 15, 2018