Yale Law School: Investigation Mocks Law

Perhaps the only bipartisan consensus during the Kavanaugh hearing was that allegations of sexual abuse are very serious. So serious, in fact, that they deserve careful and meticulous judicial review. But the Senate Judiciary Committee conducted itself these past weeks with such theatrical pomposity in part, it seems, because the investigation was less preoccupied with finding truth, than with redistributing power.

Many were quick to point out that Kavanaugh’s was not a criminal trial; it was a job interview. According to a possible application of this logic, therefore, standards of truth-testing could be lower. But surely such a severe accusation still necessitates an equally serious judicial process?

About the Author

Madeleine Kearns

Madeleine Kearns is a former staff writer at National Review.

Perhaps the only bipartisan consensus during the Kavanaugh hearing was that allegations of sexual abuse are very serious. So serious, in fact, that they deserve careful and meticulous judicial review. But the Senate Judiciary Committee conducted itself these past weeks with such theatrical pomposity in part, it seems, because the investigation was less preoccupied with finding truth, than with redistributing power.

Many were quick to point out that Kavanaugh’s was not a criminal trial; it was a job interview. According to a possible application of this logic, therefore, standards of truth-testing could be lower. But surely such a severe accusation still necessitates an equally serious judicial process?