Removal

In the middle of the month, the Washington Post published a compelling piece (link here) written by a law professor about how a Democratic Congress and a Democratic President could remove a partisan conservative Supreme Court justice like the newly seated Brett Kavanaugh, who was nominated by Donald Trump, without having to go through the impeachment process.

One way would be to vote to demote a justice from Supreme Court to a lower federal court. The justice wouldn't be removed from the bench but only from the highest court. There is precedent to make this work.

The other approach would be for Congress to create a small panel of judges who would then evaluate whether or not a justice should remain on the bench. This small group could then remove a Supreme Court justice, who would have no lawful recourse to stop them. The Senate would not have confirm this with a two-thirds votes.

Long after Trump is out of office, his Supreme Court justices will remain on the bench. A President who lost the popular vote by millions will have selected justices confirmed by Senators representing significantly less than the majority of Americans.

There is every good reason, then, to remove those justices from the bench. They are not supported by a majority of Americans and dangerously want to erode our rights. They must be stopped by any lawful means.