We can remove Kavanaugh without impeaching him (maybe)

We can remove Kavanaugh without impeaching him (maybe)
NYT video, YouTube

[Ed. – The way Trump is filling up the federal bench, this is decreasingly any kind of option – if it ever was.  It would take a partisan, politically motivated judge to read these implications into the original wording.]

In 2006, years before Christine Blasey Ford publicly accused Supreme Court nominee Brett Kavanaugh of attempting to rape her when they were both in high school, the Yale Law Journal published a provocative paper.

The paper, “How To Remove a Federal Judge” by law professors Saikrishna Prakash and Steven D. Smith, lays out a road map for, well, how to remove a federal judge without resorting to the impeachment power. It argues that a provision of the Constitution stating that federal judges and justices “shall hold their offices during good behaviour” is widely misunderstood.

Contrary to the “virtually unquestioned assumption among constitutional law cognoscenti that impeachment is the only means of removing a federal judge,” Prakash and Smith argue that the term “good behavior” is a legal term of art that would have been understood by the founding generation to allow judges to be removed by “judicial process.”

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