Send a Tweet
Most Popular Choices
Share on Facebook 105 Share on Twitter Printer Friendly Page More Sharing
OpEdNews Op Eds    H1'ed 11/19/18

Abe Fortas Precedent May Hold for House Investigation of Kavanaugh Proceedings in New Congress

By       (Page 1 of 2 pages)   3 comments
Follow Me on Twitter     Message Robert Weiner
Become a Fan
  (4 fans)

(Image by CSPAN (cropped image))   Details   DMCA

Article originally published in the Memphis Commercial Appeal

By Robert Weiner and Emilie Solberg

In 1969, under pressure of ongoing investigations, Abe Fortas, born and raised in Memphis, a graduate of South Side High School and Rhodes College in Memphis, became the first Supreme Court Justice to resign.

He did so not only to avoid impeachment proceedings, but to escape with some dignity, reputation and integrity.

In 1966, Fortas took a secret retainer from the family foundation of Louis Wolfsen, a Wall Street financier who was in prison for security violations. For his advice he would receive $20,000 a year for the rest of his life.

When Chief Justice Earl Warren was informed about this, he persuaded Fortas to resign to maintain the integrity of the Court.

On Oct. 10 this year, Chief Justice Roberts sent ethical complaints about Supreme Court Justice Brett Kavanaugh's statements to Congress to Chief Tenth Circuit Judge Timothy M. Tymkovich for review.

Roberts requested that the Tenth Circuit investigate the more than 12 ethics complaints against Supreme Court Justice Kavanaugh for his statements on Sept. 4 and 27 before the Senate Judiciary Committee hearing.

The judiciary suffered from Kavanaugh's belligerent and partisan statements during his hearing, broadcast all around the world.

The country watched as Kavanaugh angrily read his testimony, stating that "this whole two-week effort has been a calculated and orchestrated political hit," somehow orchestrated by "the Clintons."

Not able to control his temper in a manner expected from a judge, Kavanaugh confronted and interrupted senators' questions about the sexual allegations against him by Dr. Christine Blasey Ford. He did not act impartially when insisting that the process had been partisan, calling the behavior of several of the Democratic members of committee at his first hearing as "an embarrassment".

On Oct. 3, 2,400 law professors signed a letter published by The New York Times and later presented to the Senate, stating that Justice Kavanaugh did not "display the impartiality and judicial temperament requisite to sit on the highest court of this land". The letter also states that his lack of judicial temperament during the hearings would disqualify him for any court, especially the highest court in the U.S.

In an op-ed published by the Wall Street Journal on Oct. 4, Kavanaugh admitted that he might have been too emotional at times during the hearing, writing, "I know my tone was sharp, and I said a few things I should not have said". In his commentary, Kavanaugh states that "an independent and impartial judiciary is essential to America s constitutional republic".

Kavanaugh showed that given a week to calm down, he eventually displays the temperament to be on the Court. However, his aggressive tone throughout the hearing did not seem to worry Republican senators.

Before Roberts received them, the ethical complaints against Kavanaugh were first received by the U.S. Court of Appeals, the same place that Kavanaugh served as a D.C. Circuit Judge. Although some of the complaints were dismissed, Judge Karen LeKraft Henderson found more than 12 complaints merited investigation by an impartial panel, and concluded that they should not be handled at the D.C. Circuit.

Next Page  1  |  2

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Valuable 3   Supported 2   Must Read 1  
Rate It | View Ratings

Robert Weiner Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Robert Weiner, NATIONAL PUBLIC AFFAIRS AND ISSUES STRATEGIST Bob Weiner, a national issues and public affairs strategist, has been spokesman for and directed the public affairs offices of White House Drug Czar and Four Star General Barry (more...)

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Follow Me on Twitter     Writers Guidelines

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
   (Opens new browser window)

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Why Do Conservatives Vote Against Their Own Interest?

Jeb Bush's Elephant in the Room: Role in Bush v. Gore Recount

Mueller's End Game: Maybe As Soon As Trump Wants, But Not How He'd Like

Food Stamp Myth Busting

Iran: Nuclear Weapons or Peaceful Energy?

Bad money vs. bad money -- how Denver ballot measure could be blueprint for getting money out of politics

To View Comments or Join the Conversation:

Tell A Friend