Ornstein stated on Twitter, “If Amy Coney Barrett goes to court and immediately votes to suppress PA voters, she should be charged quickly. Trump has openly asked them to act to tip the scales of the elections. “
I have already addressed the rejection requests as completely unfounded. Rejection in these circumstances would set a dangerous precedent for future candidates, who would be pressured to withdraw only to affect the outcome of pending or anticipated cases. There is not a single case in history where such a denial of justice has taken place under this type of flimsy allegation. Barrett has no personal, professional, or financial interest in any pending election.
We have only been charged with one justice in our history. That was Samuel Chase in 1804, and he was acquitted by the Senate in 1805.
The Chase case is a meaningful point of comparison. As today, the politics of the time were deadly and hysterical. Chase was a highly partisan federalist who suffered from the use of the Alien and Sedition Acts to attack political critics during John Adams’ tenure. The impeachment, backed by Thomas Jefferson, was based on Chase’s chairmanship in controversial lawsuits for people like James Callender. Though the federalist was in the minority in the Senate, the Senators overwhelmingly rejected the Chase case.
It remains to be seen whether we will have a bipartisan majority of Senators today who are equally committed to the integrity of the Court of Justice and the Constitution.