The multiple flagrant ethics complaints against Judge Kavanaugh are now back in the lap of Chief Justice Roberts
Circuit last Friday that that court does not have jurisdiction to consider the complaints, even though Chief Justice Roberts explicitly requested the 10Getty Circuit persisted with its view that Kavanaugh’s elevation to the Supreme Court—in part as a result of his alleged misconduct at the Senate confirmation hearings—was an “intervening event” that deprived them of jurisdiction to consider the merits of the complaints.
Some 83 ethics complaints had been filed against Judge Kavanaugh alleging not only false statements under oath during hearings on his nominations to the U.S. Court of Appeals for the D.C. Circuit in 2004 and 2006, but also, more flagrantly, misconduct at the nomination hearing for the U.S. Supreme Court itself in 2018, including making inappropriate partisan statements and treating senators with disrespect.
The complaints then passed to Judge Karen LeCraft Henderson of the DC Circuit, who concluded that more than a dozen of the complaints were substantive enough to warrant investigation and she referred them to Chief Justice Roberts.requested the 10th Circuit “to exercise the powers of a judicial council with respect to the identified complaints.The Chief Judge of the 10th Circuit duly formed a Judicial Council which declared that it had no such powers.
To their credit, two judges of the 10th Circuit objected to the outcome. Judge Briscoe dissented, arguing that the entire Council should be disqualified from participating in the review of its own decision, which should be considered by a different body, specifically the Judicial Conference Committee on Judicial Conduct and Disability. Judge Lucero recused himself for the same reason.
The ethics complaints against Kavanaugh are now back in the lap of Chief Justice Roberts for him to review, act on, or pretend that judicial misconduct never happened and hope that the unpleasant smell goes away.The complaints were not made without legal basis. More than concluded that during the Senate confirmation hearings, Kavanaugh has “displayed a lack of judicial temperament that would be disqualifying for any court.
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