- Nov 15, 2013
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Looks like you consulted that great law journal...Vox. Wow. Impressive.Not quite. It's about removal by means other than Impeachment. Conservatives already wrote a piece 10-15 years ago that said a Federal judge can be removed by means other than Impeachment. They argue that Federal judges can be removed for bad behavior. They take the Constitutional language and compare it against English law and laws written by the state to confirm the Original Intent of good behavior allows Federal judges to be removed by a trial conducted by judges. This is part of that ground work.
How to remove Brett Kavanaugh without impeaching him
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.”...