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What If GOP Push Through Anyway? Once They Put Him On The Court It Is Done. (Original Post) TheMastersNemesis Sep 2018 OP
It is NOT done. He can be impeached. n/t CaliforniaPeggy Sep 2018 #1
He could be impeached, but he can also be indicted without impeachment first. hlthe2b Sep 2018 #4
Thanks, I didn't know that. In any case, we're not without options. CaliforniaPeggy Sep 2018 #9
Can the SCOTUS itself eject him??? regnaD kciN Sep 2018 #11
No, but if he were indicted (and especially if convicted) they could put pressure on him hlthe2b Sep 2018 #14
Yep we can do it Sep 2018 #5
What if they 'push him through' (their words) C_U_L8R Sep 2018 #2
If Cosby got convicted, so can Kavanaugh. That might be easier than impeachment, even though RockRaven Sep 2018 #3
Then we drag each thing they overturn janterry Sep 2018 #6
If they overturn something as unconstitutional... regnaD kciN Sep 2018 #12
Not actually true mythology Sep 2018 #16
Ain't no constitutional question shanny Sep 2018 #7
Well, there MIGHT be... regnaD kciN Sep 2018 #13
they can try shanny Sep 2018 #15
Couldn't he be indicted for past crimes if there is no statute of limitations? Kablooie Sep 2018 #8
nope. they aren't. shanny Sep 2018 #17
I think McConnell's announcements leftieNanner Sep 2018 #10
If they do push him through MattBaggins Sep 2018 #18

hlthe2b

(102,276 posts)
4. He could be impeached, but he can also be indicted without impeachment first.
Wed Sep 26, 2018, 07:50 PM
Sep 2018

In which case, I think it would be Justice Roberts and the progressive justices pushing him out. (no fan of Roberts, but he does seem to care about SCOTUS legacy and reputation, at least to some extent)

regnaD kciN

(26,044 posts)
11. Can the SCOTUS itself eject him???
Wed Sep 26, 2018, 08:09 PM
Sep 2018

As far as I know, the only way to remove a Justice from their lifetime appointment is through impeachment by the House and conviction by the Senate. And the latter will almost certainly require at least 10-12 Republican senators to join the effort. Which, let’s face it, will NEVER happen if there’s the slightest chance a liberal (or even moderate) jurist might replace him. I doubt they’d even move against him if he was serving 10-20 in the state pen for sexual assault and kidnapping. They’d probably only demand that he be given a secure video link in his cell so that he could continue to hear cases and maintain the right-wing majority.

hlthe2b

(102,276 posts)
14. No, but if he were indicted (and especially if convicted) they could put pressure on him
Wed Sep 26, 2018, 08:17 PM
Sep 2018

to resign. Even if impeachment had not yet been initiated.

RockRaven

(14,967 posts)
3. If Cosby got convicted, so can Kavanaugh. That might be easier than impeachment, even though
Wed Sep 26, 2018, 07:47 PM
Sep 2018

it is not permanent. And we'd be back to 8 Justices.

regnaD kciN

(26,044 posts)
12. If they overturn something as unconstitutional...
Wed Sep 26, 2018, 08:12 PM
Sep 2018

...the House and Senate can’t do anything. It will take a Constitutional Amendment — and see the fate of the Equal Rights Amendment to get a sense of how likely that would be.

 

shanny

(6,709 posts)
7. Ain't no constitutional question
Wed Sep 26, 2018, 07:55 PM
Sep 2018

about indicting a sitting Justice. Maybe after we get warmed up we can move on to Thomas.

regnaD kciN

(26,044 posts)
13. Well, there MIGHT be...
Wed Sep 26, 2018, 08:15 PM
Sep 2018

After all, if he gets indicted, his attorneys could appeal it all the way to the Supreme Court, claiming that Justices cannot be indicted without first being removed through impeachment. Think he’d recuse himself from that decision? May I laugh?

 

shanny

(6,709 posts)
15. they can try
Wed Sep 26, 2018, 08:19 PM
Sep 2018

afaik there is NO even possible constitutional issue about indicting anybody other than the preznit--nobody's above the law, amirite?--it's a stretch (and not decided) to extend that leeway to the preznit, no way it goes further (not law, morals or ethics, only optics).

Kablooie

(18,634 posts)
8. Couldn't he be indicted for past crimes if there is no statute of limitations?
Wed Sep 26, 2018, 07:56 PM
Sep 2018

SCOTUS judges aren't above the law personally, are they?

leftieNanner

(15,100 posts)
10. I think McConnell's announcements
Wed Sep 26, 2018, 08:01 PM
Sep 2018

are a little bit of theater. He knows he might not be able to get the votes, but he's making it look like he can. When it all falls apart, he can claim that he gave it a 100% effort. And then move on to the next nominee.

I'm just hoping we can keep this shit show limping along so that there is no new SCOTUS Justice before the election.

MattBaggins

(7,904 posts)
18. If they do push him through
Wed Sep 26, 2018, 10:03 PM
Sep 2018

We must fight fire with fire and the next democratic president needs to play hardball and get as dirty as the repubs. They are not just playing politics with the USSC, they are playing down right filthy, dirty, mudslinging politics. When Trump is kicked out in 2020, the incoming president ought to day one, tell Roberts that he is being demoted to associate justice, and elevate RGB to chief justice.

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