Courts

The Game To Impeach Justices Kavanaugh And Gorsuch Is Afoot

Sure, it's not going to work, but let's give it a whirl anyway.

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gorsuch and kavanaugh

(Photo by Mario Tama/Getty Images)

Public confidence in the Supreme Court is at an all-time low, and at least some legislators would like to do something — anything — about that.

Congresspeople Ted Lieu and Alexandria Ocasio-Cortez have sent a letter to the Senate, asking them to make a finding as to whether Justices Brett Kavanaugh and Neil Gorsuch lied to the American people. Couched as a crisis of legitimacy of the Supreme Court following the overturning of Roe v. Wade, the letter points to instances during each justice’s confirmation hearing when they said that Roe was established precedent that, presumably, should be followed. The letter also points to statements from Senators Manchin and Collins where they said, given those justices’ votes to overturn Roe, they felt misled.

One imagines — given the strong language in the letter about how the United States cannot tolerate lying under oath in order to secure lifetime appointments to the Supreme Court — any such finding that either or both justice lied under oath about Roe would be used to tee up a House of Representatives vote on articles of impeachment.

I’m no math whiz, but I can definitely count to 60. That means I am well aware that, despite any House impeachment vote, Justices Kavanaugh and Gorsuch are ensconced in their seats on the Supreme Court until they shuffle off this mortal coil or if in the twilight of their careers (a solid 30 years from now) a Republican happens to be president. But. BUT… this isn’t a terrible idea. If the January 6th hearings have taught us anything, it’s that making a public spectacle is an effective strategy.

So, let’s DO IT. Let’s have impeachment hearings and have commentators talk for hours about the difference between “lying” and “misleading.” Let’s rehash Kavanaugh’s deplorable behavior during his confirmation hearing. Let’s have Susan Collins justify her inevitable vote against removal, despite talking to every media outlet out there about how she felt personally misled. Let’s have history permanently remember Kavanaugh and Gorsuch’s names alongside Samuel Chase’s as the only Supreme Court justices to be impeached.

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Sure, at the end of it we may still have Kavanaugh and Gorsuch on the Court. But it’ll feel a whole lot better than the DNC’s current plan of telling Dems to donate money and vote.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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