Yesterday I asked if one of those daddies had something he needed to confess. Since then, the calls for a reckoning have been a lot more numerous (I'll let you search them out for yourself). And Article III of the Constitution does allow for the impeachment of Supreme Court Justices:
Article III, Section 1 of the U.S. Constitution explicitly states that a Supreme Court Justice that “lacks good behavior” can be impeached. This is not an ambiguous, subjective term. It has been interpreted by the courts to equate to the same level of seriousness as the ‘high crimes and misdemeanors” clause that unequivocally mandates that the House of Representatives initiate impeachment proceedings against any public official, or federal judge in violation of that provision.In the process of that search, I ran across this excellent piece on Justice Thomas and Ms. Hill by Hendrik Herzberg in the New Yorker — from 2007, on the occasion of the publication of Thomas's book, My Grandfather's Son. Hertzberg's title is appropriate: "A Cold Case". It starts (my emphasis, but Hertzberg's excellent prose):
Jeffrey Toobin has read Clarence Thomas’s memoir so you don’t have to. Not that you were going to read the book, but if you haven’t yet read Jeff’s sharp, lively, and deeply knowledgeable New Yorker review, you should—preferably in the printed magazine but, if you insist on digitally freeloading, here. You won’t come away from it any happier that Thomas—this strange, sad, humorless man, driven half-mad by a frightening combination of rage and self-pity—will probably be inflicting himself and his neurosis-based views on our national life into the 2040s."Half-mad [with] rage and self-pity." Nice qualities in a judge. After telling the story of the committee hearings, and telling it well, Hertzberg closes:
It was obvious to me at the time of Thomas’s confirmation hearings in October of 1991 that Anita Hill was telling the truth about the nominee’s crude behavior during his time as her boss at the E.E.O.C.—Long Dong Silver, the pubic hair on the Coke can, and so on. A made-up story would have been both less weird and more damaging—instead of bizarre remarks, it would have featured wandering hands or worse.
Thus ended the mini-coup d’état of 1991, and thus was made possible a more audacious coup nine winters later, when Associate Justice Clarence Thomas cast the deciding vote in Bush v. Gore.Spot on, Mr. Hertzberg. Couldn't have said it better myself. Add one more coup to the list.
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