Democratic resolution would open impeachment inquiry into Brett Kavanaugh
Should the most recent Supreme Court justice be removed from the bench?
Context
Brett Kavanaugh was nominated by President Trump to the Supreme Court in 2018, the subject of controversy after sexual assault allegations emerged from former high school classmate Christine Blasey Ford. Ford testified before the Senate Judiciary Committee and Kavanaugh disputed her allegations, which took place decades before in 1982.
Kavanaugh was ultimately confirmed to a lifetime appointment by a 50 to 48 Senate vote. Sen. Joe Manchin (D-WV) was the only Democrat in favor, while Sen. Lisa Murkowski (R-AK) technically voted “present” while expressing her opposition to Kavanaugh in a floor speech, making her the only Republican opposed.
In 2019, after Kavanaugh had already been confirmed, the New York Times published further claims. Multiple Yale classmates said they either personally witnessed or heard contemporary anecdotes about sexual misconduct by Kavanaugh. While the story came under criticism for some subsequent corrections related to a few individual sentences, the Times stands by the article in general.
If true, these claims may mean that Kavanaugh lied under oath during his Senate hearings — a potentially impeachable offense.
What the resolution does
A House resolution would open an impeachment inquiry into Justice Kavanaugh.
Only one Supreme Court justice has ever been impeached by the House. In 1805, Samuel Chase was impeached on eight charges of “arbitrary and oppressive conduct of trials.” Three of the eight charges received majority approval in the Senate, but none met the two-thirds threshold required for removal from office. Chase’s Supreme Court tenure continued for six more years.
It was introduced in the House on September 17, 2019 — three days after the Times piece was published — as resolution number H. Res. 560, by Rep. Ayanna Pressley (D-MA7). The resolution does not appear to have an official title.
What supporters say
Supporters argue that Kavanaugh lied under oath and his behavior has been unbecoming of a spot on the highest court in the land.
“I believe Christine Blasey Ford. I believe Deborah Ramirez,” Rep. Pressley said in a press release. “It is our responsibility to collectively affirm the dignity and humanity of survivors. Sexual predators do not deserve a seat on the nation’s highest court and Brett Kavanaugh’s confirmation process set a dangerous precedent. We must demand justice for survivors and hold Kavanaugh accountable for his actions.”
What opponents say
Opponents counter that the Times report is insufficient justification for impeachment.
“‘The New York Times walks back report on Kavanaugh assault claim.’ @FoxAndFriends,” President Trump tweeted. “The one who is actually being assaulted is Justice Kavanaugh — Assaulted by lies and Fake News! This is all about the LameStream Media working with their partner, the Dems.” (While the Times did add an editor’s note to the online version of the story correcting some information, they didn’t retract the piece entirely.)
Opponents also note that even if all the allegations against Kavanaugh were indeed true, none of them took place during his tenure as a Supreme Court justice. His confirmation hearings, where many claim he lied under oath, technically took place several weeks before his Supreme Court tenure.
Odds of passage
The resolution has attracted 14 cosponsors, all Democrats. It awaits a potential vote in the House Rules Committee.
Even then, impeachment and removal would be a tall order. A simple majority of the House is needed to impeach a federal official, and while Democrats control that chamber, a larger two-thirds majority is needed in the Republican-controlled Senate to actually remove someone from office.
This article was written by GovTrack Insider staff writer Jesse Rifkin.
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