Aziz Huq on How a Future Democratic Congress and President Could Remove Kavanaugh Without Impeaching Him

Two ways Democrats can remove Kavanaugh — without impeaching him

Before Supreme Court Justice Brett M. Kavanaugh was sworn in, critics were calling for his impeachment. The political polarization over allegations that he had assaulted Christine Blasey Ford when they were teenagers doesn’t show much sign of abating.

Impeachment is a polarizing process itself, though, one that even many Democrats appear uneasy about pursuing if they win control of Congress in next month’s elections. Without a two-thirds majority in the Senate, impeachment would be doomed to fail, anyway. But a Democratic Congress and a future Democratic president could still remove Kavanaugh from the Supreme Court if they wanted without needing to impeach him. There are two other ways to kick a sitting justice off the court — neither of which requires a supermajority.

Read more at The Washington Post

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