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Susan Linehan's avatar

Exactly. The Constitution doesn't actually say that justices hold their office unless impeached. It says that they hold their offices "during good behavior." There is NOTHING that says Congress can't investigate whether or not the behavior was good outside an impeachment hearing. It might not LEAD to impeachment--the only actual remedy--but the prospect of such hearings just might cause judges to think about what the verdict of such hearings would be and consider whether or not what they are doing is indeed "good behavior." Violating the flag code, at the very least, might not be an impeachable offense but it isn't "good behavior" in a judge sworn to uphold the laws. Not to mention the pressure it might put on Roberts to DO something about recusal.

This concept also applies to Thomas, of course.

Alternatively, since violation of the flag code is indeed an offense (apart from any political significance of the violation) why not go after MRS. Alito, since we are told she is to blame. Think about what interesting vitriol might come up in discovery from a woman actually prosecuted for being thrown under the bus by her husband.

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Lesley's avatar

thank you Noah, this is outrageous. been wondering who to call to insist we have hearings...the committee itself? neither of my GOP senators are on said committee, so I got no legit avenue via my elected representative, but we really need to push Durbin on this one and hopefully shame him out of this infuriating learned helplessness or whatever it is.

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