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Wyldchyld (Old as dirt)
#257101: Oct 7th 2018 at 10:59:02 AM

Can Supreme Court justices be impeached? Because that'll be one of the first items on the agenda come 2020.

Yes, and it being top of the agenda is not a guarantee.

The Democrats have stated that, if they win the midterms, they're going to focus on investigating him for perjury (for which some evidence already exists). They will also open a proper investigation into the sexual harassment accusations.

The Democratic leadership has made it clear that talking about impeachment at the moment is an own goal. So, what they're going to do is get proper investigations done first, and then discuss impeachment only if there's good-quality evidence they can use.

Also, the American Bar Association has great concerns about Kavanaugh's behaviour during the Senate hearings regarding Ford's accusation. As a result, they have re-opened their existing assessment of Kavanaugh (which is that he's well-qualified to be on the SC) and are investigating whether or not they need to de-qualify Kavanaugh on temperament grounds.

The Democratic leadership is therefore likely to want to wait for the ABA's own investigation results on top of their own investigations, before putting together an impeachment case.

Edited by Wyldchyld on Oct 7th 2018 at 7:01:44 PM

If my post doesn't mention a giant flying sperm whale with oversized teeth and lionfish fins for flippers, it just isn't worth reading.
Draghinazzo (4 Score & 7 Years Ago) Relationship Status: I get a feeling so complicated...
#257102: Oct 7th 2018 at 11:00:52 AM

They'll have loads of material to work with if they have a proper investigation. The amount of people who wanted to talk to the FBI to give statements against Kavanaugh was, from my understanding, fairly significant.

Wyldchyld (Old as dirt)
#257103: Oct 7th 2018 at 11:06:35 AM

Yes, and even though the Republicans only allowed a fraction of Kavanaugh's documents to be released to the Democrats for assessment, even that small amount was enough to highlight some obvious areas where his claims during his Senate hearing were definitely contradicting his past behaviour and professional decisions.

The media found a fair few in their own right, so did the Democrats. There's definitely enough information from both individuals and documents to open both investigations. And, as the ABA pointed out, Kavanaugh's own behaviour is the reason why they're opening their investigation.

Edited by Wyldchyld on Oct 7th 2018 at 7:06:52 PM

If my post doesn't mention a giant flying sperm whale with oversized teeth and lionfish fins for flippers, it just isn't worth reading.
Deadbeatloser22 from Disappeared by Space Magic (Great Old One) Relationship Status: Tsundere'ing
#257104: Oct 7th 2018 at 12:25:10 PM

From what I understand the list of people not interviewed by the FBI during the investigation includes Ford and Kavanaugh themselves.

"Yup. That tasted purple."
megaeliz Since: Mar, 2017
#257105: Oct 7th 2018 at 12:58:45 PM

[up] It was set up to fail from the beginning. The FBI was working under an impossible timespan and constraints in a incredibly politically charged investigation.

Edited by megaeliz on Oct 7th 2018 at 4:02:55 AM

AceofSpades Since: Apr, 2009 Relationship Status: Showing feelings of an almost human nature
#257106: Oct 7th 2018 at 1:06:03 PM

So, question about the ABA. If they decide to withdraw their support does that have any effect at all? Like, they're not trying to disbar him or anything, are they, just withdraw their support for his nomination? Because it seems a little late for that to have a practical effect.

MrHellboy The Shadow from A world of my own Since: Dec, 2017 Relationship Status: Yes, I'm alone, but I'm alone and free
The Shadow
#257107: Oct 7th 2018 at 1:34:55 PM

Doubtful.

I don't think you even have to have ever practiced law to be a Supreme Court judge

The hardest thing in this world is to live in it.
Parable Since: Aug, 2009
#257108: Oct 7th 2018 at 2:17:05 PM

At the moment it is just symbolic. It could be meaningful down the line if he is impeached though.

BlueNinja0 The Mod with the Migraine from Taking a left at Albuquerque Since: Dec, 2010 Relationship Status: Showing feelings of an almost human nature
The Mod with the Migraine
#257109: Oct 7th 2018 at 2:54:14 PM

I think I'm just going to post this? on my Facebook wall every day leading up to the election.
I just posted it on mine.
Curious question: If the number of Justices were increased to 10, what would happen with a 5-5 vote on a case? Who would be the tie breaker?
I think, from historical precedentnote  that it essentially leaves the legal points undecided, leaving the decision of the lower courts in place until a SCOTUS with a more clear majority of votes can hear another case on the matter.
If they decide to withdraw their support does that have any effect at all? Like, they're not trying to disbar him or anything, are they, just withdraw their support for his nomination?
The ABA withdrawing their support from Kavanaugh would be a huge blow to any decisions he makes as a Justice. It would be even better if they decided to disbar him based upon his perjury and attitude during the hearings.

That’s the epitome of privilege right there, not considering armed nazis a threat to your life. - Silasw
Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#257110: Oct 7th 2018 at 2:56:20 PM

The ABA withdrawing their support from Kavanaugh would be a huge blow to any decisions he makes as a Justice. It would be even better if they decided to disbar him based upon his perjury and attitude during the hearings.

Well damn, I didn't know this.

In that case, I hope they investigate him post-haste grin

"Einstein would turn over in his grave. Not only does God play dice, the dice are loaded." -Chairman Sheng-Ji Yang
Ultimatum Disasturbator from the Amiga Forest (Old as dirt) Relationship Status: Who needs love when you have waffles?
Disasturbator
#257111: Oct 7th 2018 at 3:01:05 PM

If they tried to disbar him how would they (Republicans,Trump Ecta) retaliate? Things could get really ugly during the fallout

have a listen and have a link to my discord server
sgamer82 Since: Jan, 2001
#257112: Oct 7th 2018 at 3:03:37 PM

I'm more curious about how could they retaliate.

Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#257113: Oct 7th 2018 at 3:07:10 PM

If they tried to disbar him how would they (Republicans,Trump Ecta) retaliate? Things could get really ugly during the fallout

Probably just attack the reputation of the organization via propaganda.

Considering that a majority of the public believes Ford I don't think that it's a very credible risk. All they'll accomplish is to convince people who already believe them.

Edited by Fourthspartan56 on Oct 7th 2018 at 6:09:38 AM

"Einstein would turn over in his grave. Not only does God play dice, the dice are loaded." -Chairman Sheng-Ji Yang
NativeJovian Jupiterian Local from Orlando, FL Since: Mar, 2014 Relationship Status: Maxing my social links
Jupiterian Local
#257114: Oct 7th 2018 at 3:12:33 PM

The ABA is basically a professional association for lawyers, it does not have any legal authority. It's state bars that decide whether or not lawyers can actually practice law (in that state). In other words, the ABA can't disbar anyone.

Really from Jupiter, but not an alien.
Wyldchyld (Old as dirt)
#257115: Oct 7th 2018 at 3:14:08 PM

So, question about the ABA. If they decide to withdraw their support does that have any effect at all? Like, they're not trying to disbar him or anything, are they, just withdraw their support for his nomination? Because it seems a little late for that to have a practical effect.

I get the impression no-one's really sure because it would be unprecedented? What I think will happen is that, by itself, it won't mean much beyond paperwork (and perhaps affect Kavanaugh on a personal level in terms of reputation, but not have any practical impact beyond that). However, given the other investigations the Democrats want carried out, it would probably become very important when added to any damning results that might occur from perjury and sexual assault investigations.

The ABA rating is factored in to appointments of federal judges because it's an assessment of temperament for the job. That's why the ABA said their rating would not change for this confirmation just because they've opened an investigation. It will only change if the results of their investigation conclude the original rating was erroneous/outdated. As a result, the rating will likely be factored into an impeachment case the way it's factored into the confirmation hearings, but it won't be useful for any other purpose.

Edited by Wyldchyld on Oct 7th 2018 at 11:20:08 AM

If my post doesn't mention a giant flying sperm whale with oversized teeth and lionfish fins for flippers, it just isn't worth reading.
Balmung Since: Oct, 2011
#257116: Oct 7th 2018 at 4:01:26 PM

Even if Kavanaugh is disbarred, I don't think it changes anything once he's a Justice - any American adult can be a Supreme Court Justice if the President nominates them and the Senate confirms them.

Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#257117: Oct 7th 2018 at 4:49:10 PM

Even if Kavanaugh is disbarred, I don't think it changes anything once he's a Justice - any American adult can be a Supreme Court Justice if the President nominates them and the Senate confirms them.

Yes but that strengthens an argument for court packing, ignoring his decisions, or impeaching him.

So it's still rather important.

"Einstein would turn over in his grave. Not only does God play dice, the dice are loaded." -Chairman Sheng-Ji Yang
CharlesPhipps Since: Jan, 2001
#257118: Oct 7th 2018 at 4:50:22 PM

For all those, "The Supreme Court has been a bastion of the American government and it's legitimacy is all important." It should be noted that it's gone through multiple periods where its power was considered wholly compromised by politics.

Slavery being one.

Author of The Rules of Supervillainy, Cthulhu Armageddon, and United States of Monsters.
fruitpork Since: Oct, 2010
#257119: Oct 7th 2018 at 5:01:18 PM

I’m sure they’d looooove to bring that back, too...

Wasn’t there a bill shot down in Colorado by republicans that would have basically allowed feudalism?

Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#257120: Oct 7th 2018 at 5:29:33 PM

For all those, "The Supreme Court has been a bastion of the American government and it's legitimacy is all important." It should be noted that it's gone through multiple periods where its power was considered wholly compromised by politics.

Slavery being one.

I'm probably just being dumb but I'm having difficulty parsing this, are you arguing for or against the quoted argument?

"Einstein would turn over in his grave. Not only does God play dice, the dice are loaded." -Chairman Sheng-Ji Yang
CharlesPhipps Since: Jan, 2001
#257121: Oct 7th 2018 at 5:34:26 PM

I'm saying that the Supreme Court has been corrupted and illegitimate before. It's a cyclical thing, sadly.

Author of The Rules of Supervillainy, Cthulhu Armageddon, and United States of Monsters.
Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#257122: Oct 7th 2018 at 5:37:27 PM

I'm saying that the Supreme Court has been corrupted and illegitimate before. It's a cyclical thing, sadly.

Ah, thought as much but I didn't want to make assumptions.

In that case, I completely agree, it's thoroughly compromised and it has been for decades. Once we take power we're likely to have no choice in acknowledging that fact and that's when we'll have to make a decision on what to do.

"Einstein would turn over in his grave. Not only does God play dice, the dice are loaded." -Chairman Sheng-Ji Yang
PhysicalStamina i'm tired, my friend (4 Score & 7 Years Ago) Relationship Status: Coming soon to theaters
i'm tired, my friend
#257124: Oct 7th 2018 at 7:21:16 PM

Republicans invoking bogus science? I am shocked.

i'm tired, my friend
Balmung Since: Oct, 2011
#257125: Oct 7th 2018 at 8:23:19 PM

I’m sure they’d looooove to bring that back, too...

A careful reading of the 13th Amendment will reveal that it was never really gone - what do you think prison labor is?


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