Why Three Experts Say Kavanaugh's Confirmation Hearings Must Stop Now

[highplainsdem]

https://lawandcrime.com/supreme-court/three-experts-argue-kavanaughs-scotus-confirmation-hearings-must-stop-now/

Harvard Law Professor Laurence Tribe, former federal circuit court judge Timothy K. Lewis, and Obama ethics attorney Norman Eisen on Tuesday issued a paper through the Brookings Institute, arguing that Brett Kavanaugh, President Donald Trump‘s Supreme Court pick, should back down from any case which involves Trump.

The paper, issued just as Kavanaugh’s confirmation hearing before the Senate Judiciary Committee began, carries an urgent call to action. The three men argue for what amounts to a two-fold rationale for shutting down the confirmation hearings.

[W]e believe the Constitution instructs that a judge nominated to the Court in the situation that currently confronts Judge Kavanaugh recuse himself from the full swath of cases presenting the issues of personal presidential liability . . . and that precedent demands he do so now, as other nominees have done under far less compelling circumstances. The confirmation hearings should therefore be halted so these issues can be explored and proper recusals agreed to after due deliberation, including full production of the judge’s documents so his views can be thoroughly probed.

Tribe, et al., argue that three cases Caperton v. A.T. Massey Coal Co., Williams v. Pennsylvania, and Williams-Yulee v. Florida Bar together require judges to step aside in one of two scenarios: (1) if there is a “serious risk of actual bias,” or (2) if an “independent and compelling government-wide interest in protecting against the appearance of bias” exists.

Here they argue that the appearance of bias exists, and that “protecting the public faith in the judicial system as a cornerstone of the legal process as a whole and as a guardian of the rule of law” requires Kavanaugh to back down.

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https://www.brookings.edu/research/unresolved-recusal-issues-require-a-pause-in-the-kavanaugh-hearings/

[BigmanPigman]

1. Grassley doesn't care about America, the law or

justice. He is as pro America as Putin is. That goes for the entire GOP too.

[Amaryllis]

2. Many want to see them stop but so far no one has offered a viable way to do that.

[RainCaster]

3. You have to grow a pair first