The Corner

Law & the Courts

‘Brett Kavanaugh’s Kafkaesque Nightmare’

I wrote about Kavanaugh today:

If Franz Kafka had written about confirmation hearings, he couldn’t have come up with a better scenario than the one now unfolding in the U.S. Senate.

Brett Kavanaugh, who the day before yesterday was an unimpeachable pillar of the legal establishment, stands accused of a heinous offense that is almost impossible to definitively rebut.

Even if he is completely innocent of the charge that he sexually assaulted a teenage girl at a high school party 35 years ago, he will be forever considered guilty of it by some portion of the public. This is not due process, or any kind of decent process at all, but how the Senate conducts its business, especially if you are a conservative jurist on the cusp of confirmation to the Supreme Court.

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