Democratic National Committee Deputy Chair Keith Ellison (D-Minn.) said at a Supreme Court Community Forum in Minneapolis Monday that Democrats could consider removing Supreme Court justices if they retook Congress in November.
Here's what he said
Ellison was taking questions from the audience when one attendee asked him if Democrats could remove Supreme Court justices after the midterm elections.
"Assuming the Democrats do take the House and the Senate in November," the attendee asked, "as shattering as this would be to the separation of powers, is there any possibility that the legislative branch would remove a Supreme Court justice? I know it's constitutionally possible, I also know it's never been done."
Ellison paused and considered the question before tentatively answering, "You'd have to find some evidence of like corruption, something like that."
"I will say that there have been lower court judges that have been impeached," he continued.
"And honestly there were some things that came up with Justice Thomas that I thought were very concerning to me, in terms of, is there partiality?" he concluded.
Here's the video of the interaction:
Supreme Court Injustice?
While the Constitution allows for such an action, for Democrats to do so on a partisan basis would almost certainly raise a furious reaction from Republicans. Some Democrats have accused Republicans of acting unfairly in ignoring the nomination of Merrick Garland under former President Obama until after the 2016 election and filling the seat with Neil Gorsuch.
Democrats and other critics of the president responded angrily to the nomination of Judge Brett Kavanaugh to the Supreme Court by President Donald Trump Monday to replace the retiring Justice Anthony Kennedy.