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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWAPO" Kavanaugh's Senate hearing isn't a trial. The standard isn't 'reasonable doubt.'
The confirmation process, including sexual assault allegations, is a job interview.
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Any forthcoming testimony will occur as part of the confirmation hearing pursuant to Congresss constitutional role. Under Article II, Section 2, Clause 2, the president has the power to nominate, and by and with the advice and consent of the Senate, shall appoint .?.?. judges of the Supreme Court. Normally, senators exercise this authority by delegating to the Judiciary Committee the task of conducting hearings. The committee then votes to forward the nominee for consideration by the whole Senate, where a majority vote is needed for confirmation.
Unlike for a jury, theres no requirement for unanimity, and the Constitution doesnt set a standard of proof by which senators must offer their advice and consent. Its why there was, effectively, nothing President Barack Obama could do when Republican senators chose not to vote on his nomination of Judge Merrick Garland to fill the late justice Antonin Scalias high court seat in 2016 . Some argued that denying a hearing was a failure of constitutional obligation, resulting in a breaking of norms and a stolen seat; others maintained, as Michael D. Ramsey put it in the Atlantic, that the appointments clause does not impose a duty to take formal action, given that senators were aware of the nomination and thus considered it.
Kavanaughs public hearings, then, and any inquiry now into the accusations against him, are less like a trial and more like a high-stakes job interview and this job comes with life tenure. The main point of the hearings is to determine the nominees fitness for the post. Senators evaluate judicial qualifications, record, demeanor and philosophy. Modern judicial nominees undergo incredibly thorough vetting in preparation because they know that senators may also explore every aspect of their past. Allegations of sexual misconduct fall well within the scope of relevant considerations. Because guilt or innocence isnt the issue, but instead fitness for the Supreme Court, the burden of proof isnt, and shouldnt be, on Ford, the accuser; it remains on Kavanaugh.
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Any forthcoming testimony will occur as part of the confirmation hearing pursuant to Congresss constitutional role. Under Article II, Section 2, Clause 2, the president has the power to nominate, and by and with the advice and consent of the Senate, shall appoint .?.?. judges of the Supreme Court. Normally, senators exercise this authority by delegating to the Judiciary Committee the task of conducting hearings. The committee then votes to forward the nominee for consideration by the whole Senate, where a majority vote is needed for confirmation.
Unlike for a jury, theres no requirement for unanimity, and the Constitution doesnt set a standard of proof by which senators must offer their advice and consent. Its why there was, effectively, nothing President Barack Obama could do when Republican senators chose not to vote on his nomination of Judge Merrick Garland to fill the late justice Antonin Scalias high court seat in 2016 . Some argued that denying a hearing was a failure of constitutional obligation, resulting in a breaking of norms and a stolen seat; others maintained, as Michael D. Ramsey put it in the Atlantic, that the appointments clause does not impose a duty to take formal action, given that senators were aware of the nomination and thus considered it.
Kavanaughs public hearings, then, and any inquiry now into the accusations against him, are less like a trial and more like a high-stakes job interview and this job comes with life tenure. The main point of the hearings is to determine the nominees fitness for the post. Senators evaluate judicial qualifications, record, demeanor and philosophy. Modern judicial nominees undergo incredibly thorough vetting in preparation because they know that senators may also explore every aspect of their past. Allegations of sexual misconduct fall well within the scope of relevant considerations. Because guilt or innocence isnt the issue, but instead fitness for the Supreme Court, the burden of proof isnt, and shouldnt be, on Ford, the accuser; it remains on Kavanaugh.
https://www.washingtonpost.com/outlook/kavanaughs-senate-hearing-isnt-a-trial-the-standard-isnt-reasonable-doubt/2018/09/20/1eb1ee34-bd15-11e8-b7d2-0773aa1e33da_story.htm
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WAPO" Kavanaugh's Senate hearing isn't a trial. The standard isn't 'reasonable doubt.' (Original Post)
ehrnst
Sep 2018
OP
Iliyah
(25,111 posts)1. All GOPers on the committee have already decided to vote for Kavanuagh.
Doesn't matter what he did in the past and present. They don't care. All they see is a justice system that favors the powerful and rich.
Response to ehrnst (Original post)
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