U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

10th Circuit to Review Kavanaugh Complaints

Chief Justice John Roberts has referred the complaints filed in the D.C. Circuit Court of Appeals against the rookie SCOTUS Justice Brett Kavanaugh to the Tenth Circuit Court of Appeals.

Notably, the complaints against Kavanaugh were filed after his nomination and do not involve his conduct while serving the D.C. Circuit bench. Nevertheless, the D.C. Circuit Court Justice tasked with conducting the investigation into the complaints requested that the matter be handled by a justice outside the D.C. Circuit.

Confidence in the Court

Judge Karen Le Craft Henderson requested that Justice Roberts refer the matter outside of the D.C. Circuit specifically "because of the exceptional circumstance ... and the concern that local disposition may weaken public confidence in the process." After all, if Kavanaugh was cleared by the bench he sat on up until this week, it'd be a bit prejudicial.

The Chief Justice clearly agreed and sent Chief Judge of the Tenth Circuit, Timothy Tymkovich, a letter explaining the situation.

Public Complaints

As Judge Henderson noted in a public statement, the complaints filed against Kavanaugh came in after the confirmation hearings started. Curiously, the complaints all related to statements made by Kavanaugh while under oath during his Senate hearing. And as we learned from President Clinton, what gets said under oath can matter big time, and if there is merit to these complaints, Kavanaugh could make history as the second SCOTUS justice to be impeached.

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