Supreme Court justices are not subject to the misconduct rules

Pig Kavanaugh is in, abortion rights and separation of church and state are on the way out.

Meanwhile

Chief Justice John G. Roberts Jr. has received more than a dozen judicial misconduct complaints in recent weeks against Brett M. Kavanaugh, who was confirmed as a Supreme Court justice Saturday, but has chosen for the time being not to refer them to a judicial panel for investigation.

A judge on the U.S. Court of Appeals for the D.C. Circuit — the court on which Kavanaugh serves — passed on to Roberts a string of complaints the court received starting three weeks ago, said four people familiar with the matter.

That probably happens with every nominee, right? There are always soreheads.

The situation is highly unusual, said legal experts and several people familiar with the matter. Never before has a Supreme Court nominee been poised to join the court while a fellow judge recommends that misconduct claims against that nominee warrant review.

Oh.

Roberts’s decision not to immediately refer the cases to another appeals court has caused some concern in the legal community. Now that he has been confirmed, the details of the complaints may not become public and instead may be dismissed, legal experts say. Supreme Court justices are not subject to the misconduct rules governing these claims.

“If Justice Roberts sits on the complaints, then they will reside in a kind of purgatory and will never be adjudicated,” said Stephen Gillers, a professor at New York University Law School and an expert on Supreme Court ethics. “This is not how the rules anticipated the process would work.”

Yes but we’re in Trumpworld now, and the rules are whatever he chooses to do.

Henderson, whom President George H.W. Bush nominated to the bench, stepped in to review the complaints against Kavanaugh because Chief Judge Merrick Garland — whose nomination to the Supreme Court by President Barack Obama was blocked by Senate Republicans — recused himself from the matter.

When they go low, we go high, and how’s that working out for us?

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