Fact Check: Could Brett Kavanaugh Be Kicked Off The Supreme Court?

Fact Check: Could Brett Kavanaugh Be Kicked Off The Supreme Court?
Fact Check: Could Brett Kavanaugh Be Kicked Off The Supreme Court?

When President Trump nominated Brett Kavanaugh to the Supreme Court, Democrats did everything they could to prevent him from being appointed. A string of dubious allegations, a media frenzy and even an FBI investigation followed, but Kavanaugh made it through the process. You would think that would be the end of it, but now there’s a new plot to bring him down. Is it possible for Democrats to remove a conservative justice and have him replaced by one of their own?


  • On January 22, a junior member of the House Judiciary Committee, Rep. Joe Neguse (D, CO), announced that the committee would probably investigate Kavanaugh on allegations of perjury, and that if they find evidence they’ll try to impeach him.
  • This isn’t the first threat to impeach Kavanaugh. Last October, New Jersey Democrat Cory Booker said if his party took control of at least one of the houses of Congress, they should try to remove him. The Democrats did win control of the House last year, but it’s taken until now for them to start plotting.
  • It’s hard to impeach a Supreme Court justice, but not impossible – Congress does have a system for it, in case a justice is found guilty of a serious crime. The House or Senate judiciary committees can conduct a trial of a justice, and if they get a conviction that moves on to an impeachment hearing. If a two-thirds majority vote for impeachment, the justice is out and the Supreme Court has a vacancy. Now that system is being hijacked and used against Kavanaugh.
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  • It’s a sign of how desperate Democrats are to get rid of Kavanaugh that they’re trying to open a new investigation on some very flimsy accusations. On paper, Kavanaugh is being accused of lying to Congress under oath. The reality is that some people say he lied about how much he drank when he was a student more than 30 years ago, or about when he heard of the rape allegations made against him by Dr Christine Blasey Ford.
  • Nobody plans to re-investigate whether Kavanaugh committed any of the crimes he’s being accused of. The Democrats just want to attack him for small differences between what he said and what his opponents say. Does it really matter if Kavanaugh heard about a New Yorker article just after it was published, or just before? Most people would say no – but that’s what Neguse and others are trying to impeach him for.

Conclusion: So, could Kavanaugh lose his Supreme Court seat? It’s technically possible – but unless someone can find some real crimes to accuse him of, it’s not very likely.