I have an idea about the Kavanaugh confirmation.

[TomSlick]

It looks like there was something "fishy" about Justice Kennedy's decision to retire - between the appearance it was done to protect Kennedy's son or that Kennedy was promised the Kavanaugh nomination in exchange for the retirement before the November elections. Nothing criminal - just "fishy."

I think that if I was on the Senate Judiciary Committee, I'd call for Justice Kennedy to testify about these questions. I cannot recall a case of a SCOTUS justice testifying before a Congressional Committee. I doubt the GOP majority of the Committee would approve a subpoena and if they did, I think there would be a separation of powers argument that a subpoena cannot be enforced.

Nevertheless, the Democratic members of the Committee should demand the appearance. If I lived in a State with a Democratic member of the committee, I'd suggest the attempt.

[KT2000]

1. Absolutely

he should also be asked if he made decisions based on any deals with trump.

[Moostache]

2. Put him under the lights...

Justice Kennedy should either testify in open session to Congress or he should suffer a tainted legacy so bad that his very mention would be associated with corruption and grift as a remembrance of his misdeeds or cover-up or complicity with Trump.

If he is clean, then he should not have any concerns about setting the record straight and being forthright...if not? Fuck him. Tar and Feather the son of a bitch, his son and the entire family line behind them. If you're clean, thank you for clarifying things and helping your nation maintain faith in the systems crumbling all around us...If you're dirty or actually complicit and trying to hide it...FUCK YOU, YOU TRAITOROUS PIECE OF SHIT...die fast and leave your posterity to wallow in your shame.

[Turbineguy]

3. An excellent suggestion.

After the elections that just might yield some results. I'm pretty sure Kavenaugh will be confirmed albeit by a razor thin margin.

[ebbie15644]

4. would dems be allowed to call him?

[TomSlick]

6. No. The minority party cannot issue subpoenas.

Nevertheless, the Dems ought to demand Kennedy's testimony loud and often.

[Mike Nelson]

5. Republicans would never...

… bring Kennedy in to ask questions... some insider would have to go to the media as a whistle-blower... that might put pressure on them. Kavanaugh won't answer any questions about anything important. He will say he respects the law and loves his mother, wife and daughters.

[shraby]

7. If we take back the house or the senate, that can be done after the mid-terms.

supremes can be impeached too. If there was a man with a plan that should be reason enough to unload a seat in the court.

[TomSlick]

9. Assuming there was something "fishy" about Kennedy's retirement,

it would be a difficult step to show that Judge Kavanaugh was in on it. If that proof cannot be made, there will be no impeachment.

[UTUSN]

8. K&R

[lunatica]

10. Anyone who tells you a Supreme Justice

isn’t profoundly aware of the prevailing political conditions when they decide to retire is trying to blow smoke up our asses.

Justice Kennedy was completely aware of the timing of his announcement.

This is no fucking coincidence!

[TomSlick]

11. Of course.

The question is whether Justice Kennedy worked a deal in exchange for timing his retirement to allow the confirmation of a replacement prior to November. There is at least some question whether Justice Kennedy was protecting his son and/or whether he agreed to retire now in exchange for Kavanaugh's nomination. If I was on the Senate Judiciary Committee, I'd want the answer to those questions.

[lunatica]

12. Yes. That's what I was trying to say

[TomSlick]

13. Great minds and all.

[LudwigPastorius]

17. There is also the question of whether such a deal would be breaking any laws.

It's slimy, but illegal?

Then, there is the matter of whether a Supreme Court justice could be compelled to comply with a Congressional subpoena.
If one was issued, and the subpoena's subject disputed its constitutionality, guess who rules on that.

There has been a lot of 'outside the box' thinking here lately on how to derail Kavanaugh's confirmation, but not a lot of it has been well thought out.

This one is on the order of: 1) Trump was tied to Kennedy through his son. --> 2) Something Something --> 3) Congressional investigation --> 4)Kavanaugh withdraws his nomination

[TomSlick]

19. In order:

Illegal? IF the deal was to retire early in exchange for a Kavanaugh nomination , then not illegal, merely "fishy." However, IF the deal was to somehow protect Kennedy's son, then maybe.

Can a Supreme Court Justice be subpoened? Interesting question that. As I said in my OP, it raises an interesting separation of powers issue. It's probably an academic question since the GOP majority will never issue a subpoena. However, that doesn't stop the Dems from demanding a subpoena. Justice Kennedy ceases to be a SCOTUS Justice on July 31. At that point, he becomes a senior status appellate judge. Not sure that makes a difference either - another interesting question.

Well thought out? Maybe not, but it's an interesting discussion.

I think it unlikely Kavanaugh will withdraw his nomination. However, he's is looking at a thin margin for confirmation. Trying to peel away a vote here and there by asking hard questions seems worth the trouble.

[zentrum]

14. That's not a bad idea.

Franken would have done that. Too bad Schiff is not in the Senate.

But it's very doubtful something like would be dared now by Democrats.

[BigmanPigman]

15. SCOTUS is GOP politics...not justice!

Of course Kennedy is crooked, does a Russian bear poop in the birch forest ? This was political maneuvering GOP style. We are officially at war for our country and I am fighting for it tooth and nail while I can. Too many Americans are too lazy or protected in their little bubbles where the family watches their cell phones at dinner instead of being people and discussing LIFE. This is a significant change and the history books will not be able to write about it objectively since the KKK/SS/Nazi GOP Reich will burn the original books and replace it with their version. Oh well, maybe Climate Change will make humans extinct, saving the overall planet for non humans. I hope so for the animal and plant friends' own future generations.

[Pepsidog]

16. Thinking back, I'm really pissed Obama didn't use his considerable power to ram through Garland.

I loved Obama but I’m starting to see some of his failings. Ok hindsight aside, he should have moved heaven and earth to get Garland through. Yes the R’s had the Senate but if it were reveresed, Mitch as the minority leader would have gotten it done. I’m sorry people but unless we get new Dem leaders we are screwed royally. Clinton was the last Dem President to stand up and put the R’s in their place. Get Rob Emmanuel or Dean or someone with some balls to help give the Dems a spine. Pelosi and Shumer are done, weak. We need ruthless ambitious SOBs to bury these treasonous bastards.

[LudwigPastorius]

18. You overestimate the ability of the Executive to get Senators to do as he wishes.

Particularly, Senators of the opposing party with an 8 vote majority.