Posted on 09/22/2018 5:01:44 PM PDT by ATOMIC_PUNK
“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.” emphasis added
So if due process traditions should not inform how Senators evaluate the sexual assault allegations against Kavanaugh, what did Shaw think should guide their decision-making? In a word — “politics”:
“What matters here isn’t law as much as politics — though not (or not just) partisan politics. Confirmation hearings are also about constitutional politics — the debate, involving both institutions of government and the polity, about what the Constitution means and requires.
“So what standard should the Senate use in evaluating the claims made by Dr. Blasey and in deciding how they bear on Judge Kavanaugh’s fitness for a seat on the Supreme Court? The Senate’s approach to its constitutional “advice and consent” obligation has always depended on context. A number of factors matter: the timing of the vacancy; the justice being replaced; the nominee’s likely impact on the ideological makeup of the court; even the popularity of the president (very popular presidents have always had more leeway when it comes to picking justices).” emphasis added
(Excerpt) Read more at townhall.com ...
If you are a Republican..AUTOMATICALLY GUILTY..if you are a Democrat, the woman is a liar
FY NYT
Why is that line running through my thoughts again and again?
.
My daugher has 2 teenage boys and she has pounded into their heads that one little slip up with a girl can cause you lots of trouble. Both of my grandsons treat “girls” with the utmost respect but that means nothing to many of these femals today. A lot of them also have looney mothers.
If you are a Republican (and as a 17 year old are vaguely accused 36 years later of groping some very loose girl at a party) ..AUTOMATICALLY GUILTY..if you are a Democrat, the woman is a liar
So during the next civil war you won’t complain when you’re lined up for firing squads?
what matters here is RvW but I hope Kav overturns it as soon as he is seated.
yes Sir, you did...
See my tag line.
This is about the Dem holding SCOTUS, AKA, continuing to use power to enforce their agenda by court.
some of them look on it as sport
The same NYT that looked the other way during the Holocaust? That NYT?
For all of his faults, there actually were Commies infiltrating the government, universities, the film industry back then.
FUNYT!
We have become a fascist country when guilt is determined not by evidence but by politics.
The lawless party, the Ds, and oh, so proud of it.
Crap legal ‘analysis’ like this...and this dumpster fire of a confirmation hearing...proves the need for judges like Kavanaugh.
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