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.


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?

Um …