The following is the fourth installment in a series of undetermined duration and frequency about life in America after Trump (A.T.).
I hadn’t planned on writing this article for a bit yet but resurrected events have received some attention of late and it is time I expressed my opinion, how to achieve a solution and what we must first do to make it all plausible. Let’s explore.
As of this writing President Trump has had two nominees confirmed to and seated on the Supreme Court. Neither is the type of judge I’d like to see on that; or for that matter any federal bench. Elections have their consequences and I really can’t expect a Republican (nominal as they may be) president to nominate judges I’d like.
Neil Gorsuch is in a purloined seat as far as I’m concerned but there really wasn’t anything disqualifying about him. Other than learn a political lesson and perhaps pass legislation preventing a Senate Majority Leader (in this case Moscow Mitch McConnell) from ever stealing a seat on the high court again there isn’t anything we can do. In reality Trump was at best a supporting actor in that play.
Brett Kavanaugh is an entirely different story. The big attention of late is to an accusation of rape that was known of but did not receive a “day in court” during his confirmation hearings. While I would hope that multiple credible accusations of rape would be disqualifying for a seat on the Supreme Court or behind the big desk in the Oval Office, in the second decade of the 21st Century that does not seem to be the case.
Lying before Congress is a codified crime and Kavanagh lied on multiple occasions during judicial confirmation hearings. Therefore Kavanaugh is subject to removal from the Court via impeachment. I’m not joining a call for it to begin immediately because I know it doesn’t have a chance of getting out of the Senate. In fact, I doubt it would come to a final vote on the House floor. Look at the semantics dance the House Democrats are doing on impeaching Trump. In my mind there is no doubt Kavanaugh lied to Congress and any fair review of his Supreme Court Judiciary Committee confirmation hearings will prove it.
So, if he is impeachable and should be impeached how do we go about it?
The first thing is to gain control of the Senate in 2020. That way a Democrat (most likely Chuck Schumer) will be the Senate Majority Leader and control what comes to the Senate floor. I am working on the assumption that the Democrats retain control of the House. A majority vote in the House is required to impeach (think: indict) a sitting Supreme Court justice and a two-thirds majority in the Senate is necessary to effectively convict and remove them from office.
In my wildest dreams I don’t foresee the Democrats having 67 or more seats in the next Senate; gaining a majority is going to be a fight. However, with the political pressure women can mount on Republican senators in the aftermath of a Democratic takeover of the Senate getting enough Republican senators to side with the Democrats on this issue isn’t a pipedream; especially if Susan Collins of Maine is defeated – where her Kavanagh confirmation vote will be the biggest issue of that campaign.
There is one other issue and that is the presidency. It makes no sense to go through all the trouble of removing Kavanaugh from the Court only to have Trump nominate someone(s) just as bad and perhaps worse. We need to have a Democratic president in office that will put forward a progressive or at least moderate nominee.
Yes, I have long been for the impeachment of Kavanaugh, In fact I saw it as the long term solution to the problem he is from the afternoon Susan Collins made her speech in the Senate. In order for this solution to work we have some major things to accomplish. The “we” is the American voters. If you want to save America you have to be part of the solution. We can’t erase all the evil Trump has done but we can replace Kavanagh.
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