Lawyers Who Filed Complaints Against Kavanaugh Should Be Scrutinized

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According to reports from Fox News and the Washington Post, Chief Justice John Roberts of the Supreme Court has referred a number of judicial misconduct complaints against Brett Kavanaugh to an outside court for further review. The complaints – Fox’s Bret Baier said there were more than a dozen – stem from Kavanaugh’s testimony before the Senate Judiciary Committee.

“Supreme Court Chief Justice John Roberts is asking federal judges outside the beltway to investigate complaints over statements made by now-Justice Brett Kavanaugh during his contentious nomination,” reported Baier on Wednesday.

The complaints will reportedly be forwarded to a federal appeals court in Denver, bypassing the D.C. Court of Appeals, where Kavanaugh served until being elevated to the Supreme Court this month. What happens to them now is something of a mystery, however; lower courts cannot hold Supreme Court judges liable for the same judicial complaints that other federal judges must face. In this way, the nine men and women sitting on the nation’s highest court are, in some ways, above the ethics system, if not the law itself.

In all likelihood, the 10th Circuit Court in Colorado will simply review the complaints in the briefest possible way and proceed to chuck them in the trash. Which, frankly, is probably what John Roberts should have done from the beginning.

Actually, we take that back. It doesn’t say in the Fox News report or the Washington Post if these complaints come from legal professionals, but we’re assuming that’s the case. If we’re right about that, the court ought to pass these complaints on to the bar association and put every one of the complainants under scrutiny. Because facts are facts: Not a single one of these aggrieved lawyers wrote a complaint to the Supreme Court for ANY other reason than their political anger at seeing Kavanaugh confirmed. Plain and simple. And if there are legal professionals attempting to use the judicial complaint system to “get back” at Trump and Kavanaugh, that’s a problem that needs to be addressed.

So no, don’t toss these complaints in the trash – follow up on them, interview the people behind them, and punish them for mixing politics with the law.