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The battle for the Supreme Court and America’s future is just beginning because the left is planning a Kavanaugh impeachment. Notably, petitions demanding the impeachment of U.S. Supreme Justice Brett Kavanaugh are already circulating online.
For example, 172,453 people had signed CREDO Action’s Kavanaugh impeachment petition on October 10, 2018. Therefore, CREDO has collected 86% of the 200,000 signatures it is seeking.
“The House Judiciary Committee should immediately investigate these accusations and work to remove Kavanaugh from the Supreme Court,” the petition demands. Significantly, the petition accuses Kavanaugh of perjury (lying under oath).
“Perjury is an impeachable offense,” CREDO’s Kavanaugh impeachment website notes. Specifically, CREDO claims Kavanaugh committed perjury 30 times at his Supreme Court nomination hearing.
A Kavanaugh Impeachment Is Possible
A Kavanaugh impeachment is possible because Article II, section 4 of the Constitution allows Congress to remove federal judges for “Treason, Bribery, or other high Crimes and Misdemeanors.” However, the Constitution does not define “Treason, Bribery, or other high Crimes and Misdemeanors.”
In addition, the U.S. Supreme Court ruled that Congress has the power to impeach federal justices in a 1989 decision called Nixon v. United States. Markedly, that case involved federal judge Walter Nixon who was serving prison time for perjury in 1989.
Surprisingly, a Kavanaugh impeachment could happen as early as next year. To explain further, the Constitution vests the “sole power of impeachment” in the U.S. House of Representatives. The House has to vote for impeachment and then the Senate must approve it.
Moreover, the forecasters at FiveThirtyEight give Democrats a seven in nine chance of taking control of the House in the November 6 Congressional election. In particular, FiveThirtyEight expects Democrats to pick up 35 seats and get a thin majority.
Kavanaugh Impeachment Does Not Mean Kavanaugh Removal
Conversely, a Kavanaugh impeachment might fail even if the House votes for it. They hold the actual impeachment trial in the Senate, which ultimately makes the removal decision.
Remarkably, there is no appeal for impeached individuals. The Supreme Court ruled it had no authority to review impeachments in Nixon v. United States, Vox notes.
It is important to realize that Congress could impeach Kavanaugh but not remove him. Overall, Congress has impeached just one Supreme Court justice.
Back in 1804, the House voted to impeach Samuel Chase from the Supreme Court. However, the Senate failed to remove Chase, which allowed him to stay on the court until death.
A Kavanaugh Impeachment Makes Sense For The Left
A Kavanaugh impeachment makes far more sense for the Left than a presidential impeachment.
To demonstrate, the 22nd Amendment limits a president to two terms. As a result, Donald J. Trump could not be in the White House for over eight years.
On the other hand, Kavanaugh could serve for 40 or 50 years. In fact, Kavanaugh could be on the court when Trump is a footnote in the history books. Given these circumstances, a Kavanaugh impeachment is the Left’s most logical course of action.
Will A Kavanaugh Impeachment Destroy The U.S. Supreme Court?
Both Kavanaugh’s appointment and a Kavanaugh impeachment could threaten the rule of law. For example, some Democrats are already questioning the legitimacy of the Supreme Court.
“With the confirmation of Kavanaugh and the process which led to it, (and the treatment of Merrick Garland), the legitimacy of the Supreme Court can justifiably be questioned,” former Attorney General Eric Holder said. Garland was President Barack Obama’s (D-Illinois) Supreme Court nominee whose appointment Senate Republicans refused to consider.
Questions about Supreme Court legitimacy are scary because they are reminiscent of similar controversies before the Civil War. To clarify, Northerners’ refusal to accept the legitimacy of the Supreme Court’s controversial Dred Scott decision preceded the war.
Kavanaugh Impeachment Could Spark Civil War
Dred Scott was the 1857 case in which the Court ruled that African American slaves had no Constitutional rights. Notably, the Court made the Dred Scott decision in March 1857, while fighting in the Civil War began on April 12, 1861.
Consequently, America faces a dangerous dilemma. For instance, leftists could refuse to acknowledge the Supreme Court’s legitimacy with Kavanaugh on it. On the other hand, conservatives could view the Supreme Court as illegitimate if they impeach Kavanaugh.
Either way, it could be impossible to maintain the rule of law under those circumstances.
