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When we impeach * can we pull his supreme court appointments??

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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 11:56 AM
Original message
When we impeach * can we pull his supreme court appointments??
This is a question that I just heard on Stephanie Miller.

Any ideas?
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Beacho Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 11:57 AM
Response to Original message
1. SC justices can be impeached
Scalia would be the first on my list, for refusing to recuse himself from Cheneys case.
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bryant69 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 11:58 AM
Response to Original message
2. Probably not
I think there is a process for impeaching judges; but I gather they would have to be tried on their own.

It would be like laws passed by the Congress under republican rule; there's no reset button. The laws will have to be repealed.

Bryant
Check it out --> http://politicalcomment.blogspot.com
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:01 PM
Response to Original message
3. NOPE! If any of them perform an impeachable offense, they can
be impeached, but that's you're only option, and I doubt you'll ever see any of them do something like that.

I HATE to say thin because I HATE hearing it, but "Elections HAVE consecuences!" SOME last a very long time!
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Rosco T. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 01:26 PM
Response to Reply #3
13. Lying to Congress is an impeachable offense...
I'm sure the transcripts of Roberts and Scalito can be mined with ease.
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 01:34 PM
Response to Reply #13
14. You and I may detest these two guys, but I soriously doubt they lied!
Both have been lawyers for a long time, and they know better than that.

That's why you hear responses like "I will look at the facts of each case as it is presented to the court." and "I can't answer that question because that situation could be a case presented to the court."

Not liking them doesn't make them stupid! I'm very sure neither LIED to Congress!
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:05 PM
Response to Original message
4. Thats the beauty of Bushco. Even if their manipulation(s) of the system
Edited on Wed Jan-11-06 12:08 PM by BlueEyedSon
is (are) discovered, they have done their damage. Each law passed, crony appointed, war started, dollar stolen from the treasury is a done deal. Those many wrongs won't be automatically be undone even if it is found that the authority that made them all happen was illegitimate.
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longship Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:21 PM
Response to Reply #4
8. The laws can be changed, or repealed.
But SCOTUS justices would have to be impeached. It seems to me that after * is impeached--no longer a doubt that he *will* be impeached, the only question is when--Congress is going to be busy fixing things up for quite some time. With SCOTUS firmly in the hands of the lunatics, Congress is going to have to make laws that fix the bad decisions handed down from that lofty court. It's going to be a rough ride because there will still be lunatics in the Congress who will oppose such rectification.
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Burning Water Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:48 PM
Response to Reply #8
10. The trouble here is
that if The SC decides on constitutional grounds, then the matter is out of the hands of the political branches. Inn other words, Congress can't undo the damage. Only solution is to try to pack the court back to the left. This takes a lot of time. Or, they could try to amend the Constitution. This takes time, too, and is harder, but can also be faster.
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 01:22 PM
Response to Reply #8
12. Sure, but it's not AUTOMATIC.
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jobycom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:06 PM
Response to Original message
5. Supreme Court justices serve on "Good behavior,"
so they can be impeached for egregious violations of whatever "good behavior" means. To me, it would mean the usual (bribery, treason, clear self-interested rulings), but it could also mean a justice who routinely rules non-judicially. In other words, a justice who makes his decisions based on political, ideological or personal grounds rather than on consistent legal reasoning. I don't just mean a ruling that leans either right or left--obviously that's expected. But when, for instance, Scalia reversed his own legal precedent to use the "Equal protection" clause in Bush vs. Gore, you had a clear case of a justice ruling on personal grounds and then twisting legal arguments to fit his ruling, rather than making a judicial ruling on the legal merits of the case. Something like that, it would seem to me, would be a violation of the "good behavior" clause of the Constitution.

So would lying during confirmation hearings. If Alito clearly rules against the rights of privacy or even declares that he sees no right to privacy in the Constitution, after testifying in hearings that he did believe there was a right ot privacy, then maybe that would be a violation.

That's a dangerous path to go down, though. Repubs would certainly use our methods, and as always, would use them more corruptly than we can imagine.

We could always do what FDR threatened--increase Scotus to eleven members, and appoint two more justices.
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longship Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:16 PM
Response to Original message
6. No Constitutional basis for this.
Edited on Wed Jan-11-06 12:16 PM by longship
People should be more familiar with the Constitution. When a President is impeached, nothing which he has done legally (e.g., appoint SCOTUS justices) can be undone, except through the procedures provided in the Constitution. In other words, if you don't like a SCOTUS justice you'd have to impeach him or her. Good luck. That's all the more reason why Alito must not get on the court.
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oneoftheboys Donating Member (200 posts) Send PM | Profile | Ignore Wed Jan-11-06 02:05 PM
Response to Reply #6
20. I should have read your post prior to replying to the OP.
It's nice to see that someone else around here has actually read the Constitution.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:18 PM
Response to Original message
7. SCOTUS Justices have to be impeached to be removed. n/t
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Burning Water Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:44 PM
Response to Original message
9. No, you can't.
They're in. Read the Constitution.
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boobooday Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 12:50 PM
Response to Original message
11. I like your way of thinking!
How about we cancel every executive act that he ever took?

Just roll it on back . . .

Let's roll!

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cascadiance Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 01:41 PM
Response to Original message
15. Perhaps if they were participating in coverups with "state secrets"...
Lately, they've dismissed both Sibel Edmonds and Jeffrey Sterling's cases without opinion which were appeals from courts where "state secrets" were used as an excuse not to hear the case. Perhaps if these rulings can all be exposed as them knowing that in fact these cases weren't dismissed for security reasons but to help facillitate the coverup of the massive impeachable conspiracy, that they can also be impeached for participating in this coverup too.
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WI_DEM Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 01:48 PM
Response to Original message
16. No, none of Nixon's were pulled when he was impeached
and none of Clinton's either.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 01:52 PM
Response to Reply #16
17. Nixon was never impeached
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oneoftheboys Donating Member (200 posts) Send PM | Profile | Ignore Wed Jan-11-06 02:03 PM
Response to Original message
18. You really should read the Constitution.
Unlike most of the laws the Congress writes, it very easy to understand.

Once confirmed, Supreme Court justices also must be impeached.

Furthermore, if Bush were to be impeached by the House and convicted by the Senate, Cheney would become president.

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CAcyclist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 02:04 PM
Response to Original message
19. No, but we can do what Roosevelt threatened to do
Just add *more* justices to the Supreme Court.
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