Please explain.  Are there no implications, or are those implications not
interesting, or not constitutionally interesting?  Is it that one can never
eliminate the possibility of good faith evolving jurisprudence, no matter
how stark a contradiction, so one can never have a sufficient belief that a
judicial nominee lied under oath to warrant impeachment?  (That seems to be
true of Thomas in this circumstance, but is it necessarily always true?)
Or is it that lying under oath -- or making misleading statements that are
arguably not technically lies -- is not an impeachable offense, except
under particularly serious circumstances?  (It seems to me a lot of people
were interested in similar questions within the past few years.)  And can
it really be that lying to the Senate under oath during the process of
confirmation as to how one will perform one's job is so obviously not
impeachment-worthy that  there are no interesting constitutional
implications?

-- Jon

Jon Romberg
Seton Hall Law School



Earl Maltz wrote:
No.

At 12:28 PM 6/26/2003 -0700,  howard gillman wrote:

  Are there any interesting constitutional implications associated with
judicial nominees who say one thing during confirmation hearings and
something else once they are on the bench?

>Howard Gillman
>USC Political Science

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