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This Is No Mere ‘Job Interview’
Wall Street Journal ^ | September 30, 2018 9:25 a.m. ET | Alan M. Dershowitz

Posted on 09/30/2018 1:37:02 PM PDT by reaganaut1

Until Judge Brett Kavanaugh was accused of horrible crimes—sexual assault, lewd conduct and even gang rape—his confirmation hearings could fairly, if not entirely accurately, be characterized as a “job interview.” The burden was on him to demonstrate his suitability to serve on the Supreme Court. He apparently met that burden in the eyes of a majority, a partisan one to be sure, and seemed on the way to getting the job.

But now everything has changed. So should the burden of persuasion. The behavior of which Judge Kavanaugh has been accused is so serious and devastating that it requires a high level of proof before forming the basis for his rejection. There is an enormous and dispositive difference between a candidate’s rejection on ideological grounds, as was the case with Robert Bork, and rejection on the ground that he has committed crimes warranting lifetime imprisonment rather than a lifetime appointment.

Being on the Supreme Court is a privilege, not a right. But being disqualified based on a false accusation of a crime would be a violation of the fundamental right to fairness. Some will argue that the issue of Judge Kavanaugh’s ideological and professional qualifications should be merged with the sexual allegations and that doubts should be resolved against a lifetime appointment.

In some cases that would be a plausible argument. But it is too late for that kind of nuanced approach now, because these accusations have received world-wide attention. Judge Kavanaugh is on trial for his life. At stake are his career, his family, his legacy and a reputation earned over many decades as a lawyer and judge.

If he is now denied the appointment, it will be because he has been depicted as a sexual predator who deserves contempt, derision and possible imprisonment.

(Excerpt) Read more at wsj.com ...


TOPICS: Editorial; News/Current Events
KEYWORDS: abortion; alandershowitz; brettkavanaugh; dershowitz; kavanaugh; maga; scotus; thedersh
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To: I want the USA back
I am staying hopeful. Flake and Murk said they would confirm after a clean FBI one-week investigation.

We know it will be clean.

Then we will have the votes.

21 posted on 09/30/2018 2:50:04 PM PDT by MarMema
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To: reaganaut1

Can’t read WSJ. Not paying to see it. Anyone have a link to a free version?


22 posted on 09/30/2018 2:51:37 PM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: bjc

America needs 1792 and the extermination of the democrat royalty and nobles.

There can be no kumbaya, no coexistence.

That fact should be evident now to conservatives that are deaf, dumb, and blind


23 posted on 09/30/2018 2:53:35 PM PDT by bert ((KE. N.P. N.C. +12) Muller..... conspiracy to over throw the government)
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To: reaganaut1
"The behavior of which Judge Kavanaugh has been accused is so serious and devastating that it requires a high level of proof before forming the basis for his rejection. There is an enormous and dispositive difference between a candidate’s rejection on ideological grounds, as was the case with Robert Bork, and rejection on the ground that he has committed crimes warranting lifetime imprisonment rather than a lifetime appointment."

Really? Life imprisonment for a teen who at worst drunkenly fondled a young woman? How far out on the "all crimes against women deserve the death penalty" limb are we going here?

Judge Kavanaugh is certainly not guilty of anything but if he were that drunken teenager - "life imprisonment?"

Has our society lost its ever-loving mind?

24 posted on 09/30/2018 2:58:32 PM PDT by Chainmail (A simple rule of life: if you can be blamed, you're responsible.)
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To: richardtavor
The job interview was with TRUMP, a**holes. You are supposed to be like a personnel dept. That verifies the qualifications.

You never Trumpers need to form a NEVERTRUMP website and go there. And stay there.

25 posted on 09/30/2018 3:01:09 PM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Vaquero

Just put the title in your search engine....you’ll find a free one


26 posted on 09/30/2018 3:09:06 PM PDT by goodnesswins (White Privilege EQUALS Self Control & working 50-80 hrs/wk for 40 years!)
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To: goodnesswins

Yeah. I did that. Waisted enough time.


27 posted on 09/30/2018 3:12:59 PM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: richardtavor

Huh?


28 posted on 09/30/2018 3:29:30 PM PDT by nikos1121 (Nothing is impossible, the word itself says, "I'm possible." Audrey Hepburn)
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To: wastoute

This is why you have a female in the room, even if you’ve delivered the lady’s baby.....I’m a doctor too. In our profession, if you’re reported you are guilty until proven innocent....


29 posted on 09/30/2018 3:31:50 PM PDT by nikos1121 (Nothing is impossible, the word itself says, "I'm possible." Audrey Hepburn)
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To: nikos1121

Don’t trust a female in the room. I did and that was a mistake.


30 posted on 09/30/2018 3:33:47 PM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Rurudyne

Yes, quite right. Those that understand history, know how twisted it has become.


31 posted on 09/30/2018 3:35:03 PM PDT by Hostage (Article V (Proud Member of the Deranged Q Fringe))
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To: nikos1121

I stopped seeing any new female patients. That worked pretty well.


32 posted on 09/30/2018 3:35:48 PM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: wastoute

Huh? You don’t trust your nurse?


33 posted on 09/30/2018 3:59:35 PM PDT by nikos1121 (Nothing is impossible, the word itself says, "I'm possible." Audrey Hepburn)
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To: nikos1121

No.


34 posted on 09/30/2018 4:02:35 PM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: goodnesswins

I’m on a phone.


35 posted on 09/30/2018 4:45:59 PM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: nikos1121

The President picks the nominee. The Senate’s job is to advise and consent. The first thing that coons said after getting flake to turn was that we will not confirm anyone from Trump’s list. 10 Senators already advised no. 11 advised yes and consented. Essentially, Coons stated that “they will pick”. That was my point. A personnel department advises the executive about whether to hire or not. They do not force him who to pick, unless it is a union.


36 posted on 09/30/2018 4:55:09 PM PDT by richardtavor
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To: Brooklyn Attitude

I heard Judge Jennine opine a couple days ago during a speech at Liberty University. She’s great.

Anyway, when she was the District Attorney in New York, her department processed 40,000 cases a year.

She said this particular case would have been dismissed and never go to court.


37 posted on 09/30/2018 5:02:34 PM PDT by poconopundit (MAGA... Get the Spirit. Grow your community. Focus on your Life's Work. Empower the Young.)
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To: richardtavor

Understand


38 posted on 09/30/2018 5:09:52 PM PDT by nikos1121 (Nothing is impossible, the word itself says, "I'm possible." Audrey Hepburn)
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To: rbg81

His HS yearbook is ‘fair game’ but hers with boasts of binge drinking, passing out, and sexual adventures is not...


39 posted on 09/30/2018 7:05:39 PM PDT by a fool in paradise (Denounce DUAC - The Democrats Un-American Activists Committee)
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To: AdmSmith; AnonymousConservative; Berosus; Bockscar; cardinal4; ColdOne; Convert from ECUSA; ...
He didn't think much of the prosecutor brought in to examine Ford and Kavanaugh (understatement).

40 posted on 10/03/2018 1:22:56 PM PDT by SunkenCiv (www.tapatalk.com/groups/godsgravesglyphs/, forum.darwincentral.org, www.gopbriefingroom.com)
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