The Menage Judiciary Committee

Let's assume that Judge Kavanaugh is confirmed. (Not that I convey whatsoever within data on that.) If Democrats win command of the House of Representatives inwards November, at that spot volition sure enough last pressure level brought to acquit for the House Judiciary Committee to initiate an impeachment enquiry and, inwards effect, practise the additional investigation that the Senate Judiciary Committee is non going to do. In that inquiry, I would assume that then-Justice Kavanaugh would last subpoenaed. There is, equally far equally I tin tell, no precedent for a Supreme Court Justice to last subpoenaed past times a congressional committee.

I wonder if he volition comply when the fourth dimension comes, or how that volition acquit on the operate of the Court. For example, a subpoena could last issued for a fourth dimension during a Supreme Court oral argument, leaving him unable to attend. (Leave aside whether y'all hollo upward he would truly last impeached as well as seat on lawsuit inwards the Senate.) To what extent would an impeachment enquiry practise grounds for a recusal displace inwards around instance or another? (The Justice may necessitate to hire exterior counsel for his defense, for instance.)

UPDATE: Josh Blackman points out that Justice Clark was subpoenaed past times a congressional commission looking into his demeanour equally Attorney General, though non for an impeachment. Clark refused to prove on separation of powers grounds, though he did offering to render written testimony. Craig Alan Smith has an interesting newspaper on this inwards the Journal of Supreme Court History.