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Linda McCaughey's avatar

Outstanding! I will be sending this one to everyone I know with a functioning brain. Thank you so much for the very clear explanation of how things are.

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Susan Linehan's avatar

"A specially appointed federal panel of judges concluded that 83 ethics complaints brought against Kavanaugh were “serious”—but that they were obligated to dismiss the complaints because no existing authority allows lower court judges to investigate or discipline Supreme Court justices."

The judges serve under "good behavior." Impeachment may be the only way to actually get it decided that their behavior isn't good, but the idea that lower courts can't investigate ethics complaints is something that has to be changed, and I can see no constitutional reason why it shouldn't be, by Congressional Action.

Another suggestion is that there should be an Inspector General to investigate. If the courts/IG come back with violations, then impeachment can be considered. Right now impeachment is clearly being used as a political weapon with no basis in fact. Perhaps there should be a rule that it can't be brought by the house UNTIL there has been an independent review of the charges--for justices or cabinet members--to get out of that mess. The Constitution gives the House the "sole power of impeachment" but it doesn't say anything about under what conditions it can start the proceedings.

There obviously has to be a Congressionally imposed code of ethics with teeth, particularly on the subject of recusal and when it is REQUIRED. Leaving it up to the justice to decide he has no conflicts of interest clearly isn't working.

Alito's recent opinions (majority and dissent) reaching back to precedent from years and centuries before the founders were born presents us with a sorry dilemma: Is it political bent or simply the approach of senility that is causing his bizarre opinions? (I say that as someone actually older than he is).

As has been repeatedly stated: the Courts can't save us. This election is crucial to getting to the point where we can once again feel confident in the judicial branch. I would say that looking at Alito and Thomas would be a great start for an IG.

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