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While Republican leaders celebrate the siege of Brett Kavanaugh as a US Supreme Court justice, Chief Justice Roberts yesterday asked the Tenth Circuit to review more than 12 ethics complaints against Kavanaugh . The complaints relate to Kavanaugh's behavior before the Senate Judiciary Committee on September 27.
Chief Justice of the United States Supreme Court John Roberts (AP Photo / Nati Harnik)
The US Court of Appeal initially received these complaints before Kavanaugh sat on the Supreme Court. Chief Justice Merrick Garland – whose Supreme Court nomination was blocked by Senate Republicans – is recused. The complaints were then forwarded to Judge Karen LeCraft Henderson, to whom President George H. W. Bush was named on the bench.
Judge Henderson dismissed some of the complaints against Kavanaugh J. as frivolous. But she concluded that more than a dozen complaints were substantial enough to warrant an impartial panel investigation and that they should not be dealt with by other judges of Judge Kavanaugh in the CC circuit. She referred them to Chief Justice Roberts, who has now referred them to 10th Circuit.
The legal basis of ethics complaints
The complaints were not made without legal basis. More than 2,400 law professors determined that Mr. Kavanaugh had "displayed a lack of judicial temperament that would be disqualifying for any court".
Former Supreme Court Justice John Paul Stevens also stated that Judge Kavanaugh was biased and was "not worthy of the Supreme Court". Former Justice Stevens, in front of retirees in Boca Raton, Florida, said Kavanaugh's September 27 statements revealed prejudices that would make it impossible for him to do court work. "They suggest that he has demonstrated potential bias involving enough potential litigants in court so that he is not able to discharge his responsibilities."
Judge Brett Kavanaugh himself expressed regret in the the Wall Street newspaper, about "a few things [he] "should not have said" in his testimony before the Judiciary Committee of the Senate, without giving details.
Brett Kavanaugh, Deputy Judge at the Supreme Court of the United States Photographer: Andrew Harnik / Pool via Bloomberg
Chief Justice Roberts asked Judge Timothy M. Tymkovich, Chief Judge of the Tenth Circuit, based in Denver, to review the complaints against Kavanaugh and "all pending or new complaints on the same subject. ". Judge Tymkovich has the option of dealing with complaints himself, rejecting them or appointing a special committee to examine them.
Unlike the allegations of excessive sexual conduct and alcohol abuse by Kavanaugh J. as a teenager, the question of what happened on national television is beyond question. At the hearing before the Judiciary Committee of the Senate, Judge Kavanaugh's conduct was originally non-judicial. From the beginning of his prepared statement, he was angry and confrontational. He was hurt and complained about the situation he was in. Rude, he challenged the integrity of the speakers in the Senate and described the audience in the most cruel way.
Kavanaugh has made no apparent effort to bring all of his life professional expertise and perspective to difficult problems in the study. Instead, he dismissed the investigation and was negligent about the facts that were advanced by other potential witnesses on the subject under review. He made obscure answers to questions about the meaning of words. He apparently did not try to control his emotions and shouted at American senators and accused them of committing a wrongdoing. He repeatedly tried to shift attention and blame others for what was happening. He opposed any further judicial inquiry into the issues under discussion. He approached the survey with an attitude of right and self-pity. His conduct was remarkably unprofessional.
Although Kavanaugh's behavior was the opposite of what is expected and expected of a judge, he succeeded with the immediate intention of winning the applause of President Trump and his Republican supporters. Yet his performance, which was the subject of an exact satire in Saturday Night Live, shocked the rest of the country and raised strictly legal questions about his temper to sit as a judge in a federal court, not to mention of the Supreme Court.
Next steps
The situation is unique because no one appointed to the Supreme Court ever joined the court at a time when another judge concluded that the requests for misconduct against him deserved review and where a former Supreme Court justice concluded that his behavior was disqualifying.
Technically, Supreme Court judges are not subject to the rules of misconduct governing these claims. But if the complaints against a practicing judge are not treated apolitically and impartially, there will be an asterisk against Judge Tymkovich and Judge Kavanaugh for the remainder of their term, and even against the US Supreme Court.
Senate Majority Leader Mitch McConnell (Photo by Chip Somodevilla / Getty Images)
There is therefore a risk that Mitch McConnell's apparent achievement of a "solid Republican majority in the Supreme Court for a generation" turns out to be a Pyrrhic victory.
And read too:
Kavanaugh: Why is the Supreme Court facing a generation of ethical issues?
Why Judge Kavanaugh's Regrets Can not Be Accepted Without More
How Judge Kavanaugh bombed his interview with the Senate Judiciary Committee
Kavanaugh: How Republican Leadership Breaches the Four Rules of Crisis Management
Kavanaugh: Why new allegations raise other crisis management issues
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While Republican leaders celebrate the siege of Brett Kavanaugh as a US Supreme Court justice, Chief Justice Roberts yesterday asked the Tenth Circuit to review more than 12 ethics complaints against Kavanaugh . The complaints relate to Kavanaugh's behavior before the Senate Judiciary Committee on September 27.
Chief Justice of the United States Supreme Court John Roberts (AP Photo / Nati Harnik)
The US Court of Appeal initially received these complaints before Kavanaugh sat on the Supreme Court. Chief Justice Merrick Garland – whose Supreme Court nomination was blocked by Senate Republicans – is recused. The complaints were then forwarded to Judge Karen LeCraft Henderson, to whom President George H. W. Bush was named on the bench.
Judge Henderson dismissed some of the complaints against Kavanaugh J. as frivolous. But she concluded that more than a dozen complaints were substantial enough to warrant an impartial panel investigation and that they should not be dealt with by other judges of Judge Kavanaugh in the CC circuit. She referred them to Chief Justice Roberts, who has now referred them to 10th Circuit.
The legal basis of ethics complaints
The complaints were not made without legal basis. More than 2,400 law professors determined that Mr. Kavanaugh had "displayed a lack of judicial temperament that would be disqualifying for any court".
Former Supreme Court Justice John Paul Stevens also stated that Judge Kavanaugh was biased and was "not worthy of the Supreme Court". Former Justice Stevens, in front of retirees in Boca Raton, Florida, said Kavanaugh's September 27 statements revealed prejudices that would make it impossible for him to do court work. "They suggest that he has demonstrated potential bias involving enough potential litigants in court so that he is not able to discharge his responsibilities."
Judge Brett Kavanaugh himself expressed regret in the the Wall Street newspaper, about "a few things [he] "should not have said" in his testimony before the Judiciary Committee of the Senate, without giving details.
Brett Kavanaugh, Deputy Judge at the Supreme Court of the United States Photographer: Andrew Harnik / Pool via Bloomberg
Chief Justice Roberts asked Judge Timothy M. Tymkovich, Chief Judge of the Tenth Circuit, based in Denver, to review the complaints against Kavanaugh and "all pending or new complaints on the same subject. ". Judge Tymkovich has the option of dealing with complaints himself, rejecting them or appointing a special committee to examine them.
Unlike the allegations of excessive sexual conduct and alcohol abuse by Kavanaugh J. as a teenager, the question of what happened on national television is beyond question. At the hearing before the Judiciary Committee of the Senate, Judge Kavanaugh's conduct was originally non-judicial. From the beginning of his prepared statement, he was angry and confrontational. He was hurt and complained about the situation he was in. Impolite, he challenged the integrity of the speakers in the Senate and described the audience in the most cruel terms that were partisan.
Kavanaugh has made no apparent effort to bring all of his life professional expertise and perspective to deal with difficult issues under examination. Instead, he dismissed the investigation and was negligent about the facts that were advanced by other potential witnesses on the subject under review. He made obscure answers to questions about the meaning of words. He apparently did not try to control his emotions and shouted at American senators and accused them of committing a wrongdoing. He repeatedly tried to shift attention and blame others for what was happening. He opposed any further judicial inquiry into the issues under discussion. He approached the survey with an attitude of right and self-pity. His conduct was remarkably unprofessional.
Although Kavanaugh's behavior was the opposite of what is expected and expected of a judge, he succeeded with the immediate intention of winning the applause of President Trump and his Republican supporters. Yet his performance, which was the subject of an exact satire in Saturday Night Live, shocked the rest of the country and raised strictly legal questions about his temper to sit as a judge in a federal court, not to mention of the Supreme Court.
Next steps
The situation is unique because no one appointed to the Supreme Court ever joined the court at a time when another judge concluded that the requests for misconduct against him deserved review and where a former Supreme Court justice concluded that his behavior was disqualifying.
Technically, Supreme Court judges are not subject to the rules of misconduct governing these claims. But if the complaints against a practicing judge are not treated apolitically and impartially, there will be an asterisk against Judge Tymkovich and Judge Kavanaugh for the remainder of their term, and even against the US Supreme Court.
Senate Majority Leader Mitch McConnell (Photo by Chip Somodevilla / Getty Images)
There is therefore a risk that Mitch McConnell's apparent achievement of a "solid Republican majority in the Supreme Court for a generation" turns out to be a Pyrrhic victory.
And read too:
Kavanaugh: Why is the Supreme Court facing a generation of ethical issues?
Why Judge Kavanaugh's regrets can not be accepted without more
How Judge Kavanaugh bombed his interview with the Senate Judiciary Committee
Kavanaugh: How Republican Leadership Breaches the Four Rules of Crisis Management
Kavanaugh: Why new allegations raise other crisis management issues
