Good news: Supreme Court Chief Justice Roberts is opening an investigation into ethics complaints filed against Judge Brett Kavanaugh.
The investigation will be conducted by the Tenth Circuit Court of Appeals in Colorado, and will deal with complaints concerning statements Kavanaugh made during his recent confirmation hearings.
Chief Justice Roberts yesterday requested the Tenth Circuit to review more than twelve ethics complaints that have been made against Kavanaugh. The complaints concern Kavanaugh’s behavior at the Senate Judiciary Committee on September 27.
Chief Justice John Roberts said in a letter on Wednesday that he had transferred judicial misconduct complaints related to Supreme Court Justice Brett Kavanaugh to the Judicial Council of the 10th US Circuit Court of Appeals for further review.
Although the complaints were originally lodged with the US Court of Appeals for the District of Columbia Circuit, Kavanaugh’s former court, the circuit executive of that court asked Roberts to transfer the matters to another circuit out of a “concern that local disposition may weaken public confidence in the process.”
A statement from Judge Karen Le Craft Henderson, who sits on the D.C. Circuit Court, and who referred the matter to Chief Justice Roberts, explains that the complaints only deal with statements Kavanaugh made during his recent confirmation hearing:
The complaints do not pertain to any conduct in which Judge Kavanaugh engaged as a judge. The complaints seek investigations only of the public statements he has made as a nominee to the Supreme Court of the United States.
In other words, the complaints currently under investigation apparently do not pertain to Kavanaugh’s actions as a young man, when he allegedly sexually assaulted several women.
Legal scholars are uncertain as to the merits of the case.
Arthur Hellman, an ethics professor at the University of Pittsburgh, explains that the complaints may never be investigated, and that the investigating judges may be forced to conclude “that intervening events have rendered the allegations moot or make remedial action impossible.”
However, another ethicist, Stephen Gillers of New York University, rejects the idea that the complaints are moot because Kavanaugh remains a federal judge and the complaints “allege misconduct that occurred while Kavanaugh was on the D.C. Circuit and subject to the Code of Conduct for U.S. Judges. Any violation of the Code does not disappear because he is now on another federal court.”
The alarm is justified. During day two of his confirmation hearing Kavanaugh suggested that if confirmed as a Supreme Court Justice he would support allowing Christian prayers at public school events.
And during day three of his confirmation hearing Kavanaugh equated birth control with “abortion-inducing drugs,” suggesting that he might not only go after a woman’s right to abortion, but might also seek to limit or prohibit birth control.
Make no mistake, as a Supreme Court Justice Brett Kavanaugh threatens the separation of church and state while opening the door to a Christian theocracy.
Bottom line: Supreme Court Chief Justice Roberts has requested a formal investigation into more than 12 ethics complaints filed against Judge Brett Kavanaugh.
We want to know what you think about the upcoming midterm elections. Vote in our poll below!