Prior to his confirmation to the U.S. Supreme Court in October, eighth-three ethics complaints were filed against Justice Brett Kavanaugh. Now, they have all been dismissed.
Why were the complaints dismissed?
Well, I’ll use the example I use with clients who are getting sued. I advise them that if I file a bankruptcy which is in federal court, the state court case will either stop the lawsuit pending the outcome of the bankruptcy case, or sometimes it gets dismissed automatically by the plaintiffs.
The reason is simple enough: federal court is higher on the judicial ladder than state court. In this case, there is no court higher than the U.S. Supreme Court, so a lower court cannot investigate a court above it.
Chief Judge of the 10th Circuit for the U.S. Court of Appeals, Tim Tymkovich acknowledged that while the complaints “are serious,” the judicial council panel is obligated to dismiss them, because it has no authority over Kavanaugh.
Chief Tymkovich wrote that “the complaints must be dismissed because an intervening event — Justice Kavanaugh’s confirmation to the Supreme Court — has made the complaints no longer appropriate for consideration under the [Judicial Conduct and Disability Act].”
I know what you are thinking. There is something wrong with the system.
The court’s order can be seen below.
Alexander Hernandez, Esq.
Complaints Against Supreme … by on Scribd
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