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Law professor maintains that 'credible allegations' should be enough to disqualify Brett Kavanaugh

This take, published in The New York Times Thursday, wouldn’t be as hot if it weren’t written by a law professor. In short, Kate Shaw argues that credible allegations against Brett Kavanaugh should be enough to disqualify him from sitting on the Supreme Court.

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Seriously?

Shaw writes:

It’s natural to place this sort of accusation within a criminal-justice framework: the burden of proof beyond a reasonable doubt; the presumption of innocence; the right to confront and respond to an accuser. If Judge Kavanaugh stood criminally accused of attempted rape, all of that would apply with full force. But those concepts are a poor fit for Supreme Court confirmation hearings, where there’s no presumption of confirmation, and there’s certainly no burden that facts be established beyond a reasonable doubt.

So an accusation alone is enough to disqualify someone from sitting on the Supreme Court?

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Um …


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