Federal judges reviewing complaints lodged against Supreme Court Justice Brett Kavanaugh said Tuesday that the allegations against the former federal appeals court judge are "serious" but that they must dismiss them without determining their merits because of Kavanaugh's October confirmation by the U.S. Senate.
Timothy Tymkovich, the Chief Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, wrote in an order that "the complaints must be dismissed because an intervening event — Justice Kavanaugh's confirmation to the Supreme Court — has made the complaints no longer appropriate for consideration under the [Judicial Conduct and Disability Act]."
The decision was widely expected.
The Judicial Conduct and Disability Act outlines procedures for filing complaints against federal judges, but the 1980 law does not cover Supreme Court justices.
In the order, Tymkovich said that most of the complaints include allegations of false statements under oath during Kavanaugh's D.C. Circuit confirmation hearings in 2004 and 2006 as well as during his Supreme Court confirmation hearings earlier this year. Kavanaugh, President Donald Trump's second nominee to the top court, was accused of sexual misconduct before he was confirmed. He emphatically denied the allegations.
Tymkovich disclosed copies of the complaints with identifying information redacted on the 10th Circuit's website.