Ana Navarro seemed to be working from a different constitution when, during a live CNN panel, she fretted that the confirmation of Supreme Court nominee Brett Kavanaugh would render him “unimpeachable.”
Navarro claimed that, unless there is an FBI investigation, no one could really be certain what America was getting in Kavanaugh.
“Either a man who sexually assaulted a woman when he was a drunken teenager 35 years ago is going to sit in the highest court of the land, an unimpeachable office, with no term limits, with no accountability to voters,” she worried, “or a man who did not do this is going to sit on that court with the taint of suspicion above him.”
But according to the Constitution, all federal officials are bound to the same laws they enact and enforce, meaning that Supreme Court Justices — just like presidents and vice presidents — are subject to impeachment by the House, followed by trial (and removal from office upon conviction) by the Senate.
Additionally, Article III, Section I states that judges shall hold their offices “in good behavior” — which leaves it up to Congress to determine what exactly constitutes “good behavior.”
In the 228 years since the Supreme Court first convened in 1790, only one justice has ever been impeached. Associate Justice Samuel Chase, who signed the Declaration of Independence and was appointed by President George Washington, was impeached in 1804 over what the opposition party called “partisan behavior.” The Senate failed to convict Chase, and he served until his death in 1811.
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