Chief Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit has recused himself from being involved in overseeing ethics complaints regarding Supreme Court nominee Brett Kavanaugh, who has been accused of sexual misconduct.
It remains uncertain why Garland will not be involved in handling the ethics complaints, as it is customary for the chief judge of the circuit to handle ethics cases. However, chief justices may recuse themselves if “circumstances warrant disqualification.”
Judge Karen LeCraft Henderson is the second top judge on the court, and would continue to oversee the ethics case if Garland is disqualified. Henderson issued a statement Saturday morning that the public filed complaints to the D.C. Circuit, but acknowledged they did not relate to Kavanaugh’s conduct as a judge.
“After the start of Judge Brett Kavanaugh’s confirmation hearings, members of the general public began filing complaints in the D.C. Circuit about statements made during those hearings," Henderson said in a statement. "The complaints do not pertain to any conduct in which Judge Kavanaugh engaged as a judge. The complaints seek investigations only of the public statements he has made as a nominee to the Supreme Court of the United States.”
Kavanaugh, who also serves on the U.S. Court of Appeals for the D.C. Circuit, has been accused by several women of sexual misconduct, but has denied all allegations.
Garland was nominated by former President Barack Obama to serve as a Supreme Court justice in 2016, but was not confirmed as the Senate did not hold a vote on his nomination.
Meanwhile, Kavanaugh is expected be confirmed by the Senate on Saturday afternoon, as Sens. Susan Collins, R-Maine, Jeff Flake, R-Ariz., and Joe Manchin, D-W.Va., announced Friday that they are planning to vote in favor of his nomination.