A video posted on Jan. 18 by the political action committee America Rising showed Democratic Congressman Joe Neguse, who holds a seat on the House Judiciary Committee, making a serious claim about Supreme Court Justice Brett Kavanaugh. After being asked if he would try to use perjury allegations to impeach the newly appointed Supreme Court justice, Neguse commented, “There’s no question he committed perjury during the confirmation hearings and so forth, so I think the Judiciary Committee is likely to take that up.” A U.S. congressman alleging acts of perjury committed by a Supreme Court justice is a serious matter, yet doing so just months after a sexual assault investigation intended to prevent Republicans from controlling the nation’s highest court came up empty—it is likely a political ruse.

In July of 2018, U.S. President Donald Trump nominated Kavanaugh to the Supreme Court to fill the vacancy left by Justice Anthony Kennedy. Around that time, multiple sexual assault allegations were made against him, including one from Dr. Christine Blasey Ford, with whom Kavanaugh attended high school, and from Deborah Ramirez, a former classmate of his at Yale. After a brief FBI investigation into the claims, the Senate confirmed Kavanaugh on Oct. 6, dismissing the allegations. His appointment sparked debate across the country, as many wondered whether Kavanaugh committed sexual assault or if the allegations were merely a political stunt to derail his bid for a Supreme Court seat.

There are multiple reasons to support the latter argument. The main allegations made against Kavanaugh would have taken place 35 years prior when he was attending high school and college. It is suspicious that after all these years, they were publicly made right after he appeared on Trump’s shortlist for Supreme Court nominees. The claims were also incredibly inconsistent with how life-long friends, family, and colleagues described him. On top of that, a common question began to circulate in the public realm: even if the allegations were true, would it matter? Does a career of over 30 years with an impeccable track-record and certain qualification for the position clear his name?

While it will likely never be determined whether the allegations were true, the results of both the Senate Judiciary Committee Hearings and FBI investigation along with the time in which the sexual assault claims were made suggests an underlying motive during Kavanaugh’s confirmation hearings: to prevent Trump–and Republicans–from gaining more power. Now having served on the Supreme Court for over three months, it seems as if these perjury accusations are the next method aimed to fulfill the same motives.

The claim? That Kavanaugh lied during his confirmation hearings. The first sign that points to the accusation being false is that Neguse, who was elected to represent Colorado’s 2nd congressional district in November, did not name a specific instance of Kavanaugh perjuring himself. Yet, he states “there’s no question” such perjury occurred. Alleging perjury committed by a Supreme Court justice is a serious claim, yet the freshman congressman provided no evidence.

If the sexual assault allegations in the fall of 2018 were a political stunt meant to keep Kavanaugh from being confirmed to the Supreme Court, it was probably because Republicans held control of both chambers and it was the only way to keep Trump’s nominee from earning the seat. Whether it be Democrats, Trump opponents, or people who simply disapprove of Kavanaugh, many attempted to keep him from the high court and failed. Now, their focus is on impeaching him.

Either Kavanaugh, one of the most qualified Supreme Court Justices in recent history, is a criminal who has committed sexual assault and then perjured himself, or Democrats are just desperate for power.

However, the wrongdoing in it all is the blatant disregard for the Constitution. The president has the sole authority to appoint Supreme Court justices, and the Senate’s confirmation of them serve as a check on executive power. Attempting to prevent Kavanaugh’s confirmation and later impeaching him without reasonable cause presents a Constitutional crisis where justice becomes less valuable than power.

Since the 2016 election, the Democratic party has continuously shown a clear interest in hindering Trump’s success. The sexual assault allegations were not proven false, but neither the FBI nor the Senate Judiciary Committee found enough evidence to deny Kavanaugh’s innocence. It is reasonable to assume the calls for impeachment of Kavanaugh will see the same failure.

Time will tell in the long run—but for now, it seems that the Democratic party and opponents of the President have a clear mantra for keeping a Trump appointee out of the Supreme Court and gaining political control over the judicial branch: if at first, you don’t succeed, try, try again.