\
  The most prestigious law school admissions discussion board in the world.
BackRefresh Options Favorite

NYT: a "merely credible allegation" is enough to disqualify Kavanaugh (link)

How Strong Does the Evidence Against Kavanaugh Need to Be? ...
hot maniacal gay wizard
  09/21/18
What the fuck does this mean: "For many people, what’s ...
hot maniacal gay wizard
  09/21/18
Ends justify means. Kavanagh can do bad things so they must ...
Appetizing digit ratio
  09/21/18
What if he loved abortion. Rape ok then?
puce motley wagecucks trump supporter
  09/21/18
Anybody with even a shred of self-reflection admits that if ...
bisexual chest-beating orchestra pit international law enforcement agency
  09/21/18
kavanaugh is anti-abortion and is accused of sexual assault ...
poppy costumed school chad
  09/22/18
this has gone way over the egde... i don't even know what's...
Topaz Stead Patrolman
  09/21/18
You have naively thought there could be some major right win...
free-loading fishy theater stage immigrant
  09/21/18
they don't have any real power, though, ultimately. it's ju...
Topaz Stead Patrolman
  09/21/18
Wrong. You saw the other thread where the 13 year old boy wa...
free-loading fishy theater stage immigrant
  09/21/18
...
translucent comical twinkling uncleanness bawdyhouse
  09/21/18
these "wheezing nebbish jews and dykey women" are ...
Bronze striped hyena
  09/21/18
it can't last. we are nearing the crisis point. Trump was t...
Topaz Stead Patrolman
  09/21/18
Lol YouTube comment sections..who owns youtube again? The cu...
impressive purple pozpig legal warrant
  09/21/18
JFC the comments are unfuckinghinged
Disturbing pearl nowag people who are hurt
  09/21/18
(((Kate Shaw (@kateashaw1) is a professor at the Benjamin N....
Hyperactive trip regret elastic band
  09/21/18
...
greedy odious garrison kitty
  09/21/18
...
Nighttime gold abode
  09/21/18
Define merely credible
puce motley wagecucks trump supporter
  09/21/18
An allegation is made and libs deem that accuser has no reas...
impressive purple pozpig legal warrant
  09/21/18
What makes an accusation credible if it is vague and no mate...
Geriatric Disgusting Idea He Suggested
  09/21/18
...
greedy odious garrison kitty
  09/21/18
ding ding ding - we have a winner!
hot maniacal gay wizard
  09/21/18
...
Racy Sweet Tailpipe
  09/21/18
Any female accusation of sexual assault made against white m...
Bateful Duck-like Address
  09/21/18
...
greedy odious garrison kitty
  09/21/18
This is frightening stuff
impressive purple pozpig legal warrant
  09/21/18
...
Aqua Glittery Heaven Personal Credit Line
  09/21/18
"It’s natural to place this sort of accusation within a...
hot maniacal gay wizard
  09/21/18
...
arrogant bespoke indian lodge rigpig
  09/21/18
...
greedy odious garrison kitty
  09/21/18
...
cyan azn stage
  09/21/18
...
electric death wish
  09/21/18
She's making a great argument for why women should be entire...
burgundy know-it-all theatre ape
  09/21/18
Kavanaugh is going to be the pretext for packing the courts ...
Startled den
  09/21/18
...
arrogant bespoke indian lodge rigpig
  09/21/18
...
Aqua Glittery Heaven Personal Credit Line
  09/21/18
...
Bronze striped hyena
  09/21/18
TLDR: "THE ENDS JUSTIFY THE MEANS!"
Aqua Glittery Heaven Personal Credit Line
  09/21/18
...
hot maniacal gay wizard
  09/21/18
LMAO
Nighttime gold abode
  09/21/18
These jews are shameless
Nighttime gold abode
  09/21/18
you wonder if NYT knows something about the truth of the all...
Coiffed spectacular whorehouse
  09/21/18
btw, did "credible allegations" that HRC had for y...
Coiffed spectacular whorehouse
  09/21/18
"Other nominations have been unsuccessful because of pr...
Pale legend
  09/21/18
this chick is kyoot AF. i give her a pass
hairraiser hospital foreskin
  09/21/18
interesting how this dipshit keeps using the plural allegati...
razzle-dazzle rehab
  09/21/18
Lol this is Chris Hayes's wife.
Ebony faggotry feces
  09/22/18
repeal the 19th
poppy costumed school chad
  09/22/18
...
bearded 180 dysfunction meetinghouse
  04/27/20
...
hot maniacal gay wizard
  05/11/20
Libs?
pearly volcanic crater knife
  05/11/20


Poast new message in this thread



Reply Favorite

Date: September 21st, 2018 7:59 AM
Author: hot maniacal gay wizard

How Strong Does the Evidence Against Kavanaugh Need to Be?

Even if it wouldn’t support a criminal conviction or civil liability, a merely credible allegation is enough to disqualify him.

Sept. 20, 2018

By Kate Shaw

Ms. Shaw is a law professor.

The allegation made by Christine Blasey Ford — that at age 15 she was the victim of a sexual assault by a 17-year-old Brett Kavanaugh — has not only upended Judge Kavanaugh’s Supreme Court confirmation hearings, but has also left Americans wondering what standards should apply to an accusation like this.

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.

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). Then, of course, there’s the nominee.

Nominations have failed — that is, been withdrawn or voted down — for various reasons. Sometimes it’s because a majority of the Senate rejects a nominee’s vision of the Constitution and the role of the court. That was the case with Judge Robert Bork, a Reagan nominee whose skepticism about the Constitution’s protection of privacy and liberty convinced a majority of senators that he was simply too far right of the mainstream to be confirmed.

Other nominations have been unsuccessful because of private conduct. Another Reagan nominee, Judge Douglas Ginsburg, withdrew from consideration after the press uncovered reports of marijuana use that the F.B.I. had failed to unearth. And the Senate blocked President Lyndon Johnson’s attempt to elevate Abe Fortas to chief justice after evidence emerged that as a sitting member of the court, Justice Fortas had also been serving as a de facto adviser to the president, and after questions were raised about the propriety of outside payments he had received while on the court.

These allegations weren’t tested with the rigor that would have attached to judicial proceedings; neither evidence nor testimony (where it was given — Judge Ginsburg withdrew before testifying) was subject to the sort of adversarial testing that would occur in a court of law. But in each case, a constellation of considerations, both political and constitutional, operated to defeat nominations of individuals who were certainly qualified, by conventional metrics, to sit on the Supreme Court.

This context-dependent approach arguably leads to the conclusion that the existence of credible allegations against Judge Kavanaugh should be disqualifying, especially if further corroborating evidence emerges. That’s true even if the evidence wouldn’t support a criminal conviction or even civil liability.

Judge Kavanaugh has been nominated to fill a pivotal seat on the court. For many people, what’s at stake in this nomination isn’t just abortion and contraception rights, but also women’s ability to participate meaningfully (to paraphrase the Supreme Court in Planned Parenthood v. Casey) in the economic and political life of the nation. So if members of the Senate conclude that a credible accusation of sexual misconduct has been made against Judge Kavanaugh, that should be enough to disqualify him from a seat that might allow him to cast the deciding vote on matters of women’s liberty and equality. Beyond these issues, the court is balanced on a knife edge on a range of questions that will affect everyone in the country, regardless of sex.

In this way, the accusations against Judge Kavanaugh are directly connected to his ability to perform the job — to rule in ways that members of the public trust and accept as legitimate, whether or not they agree with him. In 2018, more than half of Americans approved of the Supreme Court. In an era of meager faith in public institutions (Congress’s approval ratings hover around 17 percent), the relative trust in the court is a striking and important fact. But even more than a heartening fact, it’s critical to the court’s functioning: The public’s perception of the court as legitimate is in many ways the source of its power.

Putting Judge Kavanaugh on the Supreme Court in light of credible allegations against him could raise troublesome questions about the court’s legitimacy. And that’s a genuine problem, both for the court’s ability to function and more broadly for the rule of law.

Kate Shaw (@kateashaw1) is a professor at the Benjamin N. Cardozo School of Law and a director of the Floersheimer Center for Constitutional Democracy.

https://www.nytimes.com/2018/09/20/opinion/kavanaugh-blasey-allegation-disqualify.html

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855667)



Reply Favorite

Date: September 21st, 2018 8:00 AM
Author: hot maniacal gay wizard

What the fuck does this mean: "For many people, what’s at stake in this nomination isn’t just abortion and contraception rights, but also women’s ability to participate meaningfully (to paraphrase the Supreme Court in Planned Parenthood v. Casey) in the economic and political life of the nation. So if members of the Senate conclude that a credible accusation of sexual misconduct has been made against Judge Kavanaugh, that should be enough to disqualify him from a seat that might allow him to cast the deciding vote on matters of women’s liberty and equality."

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855671)



Reply Favorite

Date: September 21st, 2018 8:24 AM
Author: Appetizing digit ratio

Ends justify means. Kavanagh can do bad things so they must stop him, whatever it takes.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855724)



Reply Favorite

Date: September 21st, 2018 8:33 AM
Author: puce motley wagecucks trump supporter

What if he loved abortion. Rape ok then?

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855755)



Reply Favorite

Date: September 21st, 2018 9:08 AM
Author: bisexual chest-beating orchestra pit international law enforcement agency

Anybody with even a shred of self-reflection admits that if the parties were reversed the roles would be reversed.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855901)



Reply Favorite

Date: September 22nd, 2018 2:28 AM
Author: poppy costumed school chad

kavanaugh is anti-abortion and is accused of sexual assault

both are woman-related

QED

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36861915)



Reply Favorite

Date: September 21st, 2018 8:24 AM
Author: Topaz Stead Patrolman

this has gone way over the egde...

i don't even know what's happening anymore.... i'm scared

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855727)



Reply Favorite

Date: September 21st, 2018 8:33 AM
Author: free-loading fishy theater stage immigrant

You have naively thought there could be some major right wing revolution, and that you wanted things to go to hell so this could occur.

I told you such a revolution is completely impractical. Now you are starting to see how these twisted fucks have all the power, as I said.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855754)



Reply Favorite

Date: September 21st, 2018 8:36 AM
Author: Topaz Stead Patrolman

they don't have any real power, though, ultimately.

it's just a bunch of wheezing nebbish jews and dykey women. it can't last. this is the death spasm.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855771)



Reply Favorite

Date: September 21st, 2018 8:55 AM
Author: free-loading fishy theater stage immigrant

Wrong. You saw the other thread where the 13 year old boy was arrested after girls blatantly made shit up. Think anything will happen to those girls?

Also, because he was white and used a black avatar on a social media app, and some black girl classmate complained, his “male” peers threatened to beat him up because he was “racist.”

This is our society now. Infected to its core, and producing an entire generation of dangerously brainwashed and self-loathing people. No sane adults speak up, because they are too scared. And it’s all run by a (((news media))), (((entertainment))), Deep State, and (((academia))) partnership that is firmly entrenched in power. How could you overthrow that even if you wanted?

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855851)



Reply Favorite

Date: September 21st, 2018 9:04 AM
Author: translucent comical twinkling uncleanness bawdyhouse



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855880)



Reply Favorite

Date: September 21st, 2018 9:10 AM
Author: Bronze striped hyena

these "wheezing nebbish jews and dykey women" are successfully hampering a SCOTUS pick with a GOP controlled POTUS and Senate, using a blatantly absurd pretense. The MSM gets a lot of credit here too. Who really has the power here?

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855916)



Reply Favorite

Date: September 21st, 2018 9:23 AM
Author: Topaz Stead Patrolman

it can't last.

we are nearing the crisis point. Trump was the first fledgling stirring of revolt.

just look at a random youtube comments section. millions of everyday ordinary people are 'naming the jew,' the 'deep state,' etc. this is all new territory.

it won't happen overnight. but this Sovietist Judeo Gynocracy status-quo is *completely* unsustainable in the medium term, and any serious person should see that.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855980)



Reply Favorite

Date: September 21st, 2018 9:30 AM
Author: impressive purple pozpig legal warrant

Lol YouTube comment sections..who owns youtube again? The current resistance to libs exists at their mercy and can be snuffed out when the time is right. They just need a fire at the reichstag

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36856021)



Reply Favorite

Date: September 21st, 2018 8:29 AM
Author: Disturbing pearl nowag people who are hurt

JFC the comments are unfuckinghinged

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855739)



Reply Favorite

Date: September 21st, 2018 8:31 AM
Author: Hyperactive trip regret elastic band

(((Kate Shaw (@kateashaw1) is a professor at the Benjamin N. Cardozo School of Law and a director of the Floersheimer Center for Constitutional Democracy)))

shocking

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855746)



Reply Favorite

Date: September 21st, 2018 8:32 AM
Author: greedy odious garrison kitty



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855750)



Reply Favorite

Date: September 21st, 2018 9:05 AM
Author: Nighttime gold abode



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855886)



Reply Favorite

Date: September 21st, 2018 8:33 AM
Author: puce motley wagecucks trump supporter

Define merely credible

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855757)



Reply Favorite

Date: September 21st, 2018 8:37 AM
Author: impressive purple pozpig legal warrant

An allegation is made and libs deem that accuser has no reason to lie

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855779)



Reply Favorite

Date: September 21st, 2018 8:34 AM
Author: Geriatric Disgusting Idea He Suggested

What makes an accusation credible if it is vague and no material aspect can be substantiated

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855761)



Reply Favorite

Date: September 21st, 2018 8:37 AM
Author: greedy odious garrison kitty



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855774)



Reply Favorite

Date: September 21st, 2018 8:41 AM
Author: hot maniacal gay wizard

ding ding ding - we have a winner!

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855791)



Reply Favorite

Date: September 21st, 2018 9:14 AM
Author: Racy Sweet Tailpipe



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855938)



Reply Favorite

Date: September 21st, 2018 8:38 AM
Author: Bateful Duck-like Address

Any female accusation of sexual assault made against white male is automatically credible.

That is literally the standard libs say should apply.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855781)



Reply Favorite

Date: September 21st, 2018 8:44 AM
Author: greedy odious garrison kitty



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855799)



Reply Favorite

Date: September 21st, 2018 8:37 AM
Author: impressive purple pozpig legal warrant

This is frightening stuff

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855776)



Reply Favorite

Date: September 21st, 2018 8:46 AM
Author: Aqua Glittery Heaven Personal Credit Line



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855807)



Reply Favorite

Date: September 21st, 2018 8:43 AM
Author: hot maniacal gay wizard

"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."

Here, a law professor argues Kav is not entitled to the presumption of innocence and does not have the right to confront and respond to his accuser.

Let that sink in.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855795)



Reply Favorite

Date: September 21st, 2018 8:44 AM
Author: arrogant bespoke indian lodge rigpig



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855797)



Reply Favorite

Date: September 21st, 2018 8:45 AM
Author: greedy odious garrison kitty



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855804)



Reply Favorite

Date: September 21st, 2018 9:23 AM
Author: cyan azn stage



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855978)



Reply Favorite

Date: September 21st, 2018 9:40 AM
Author: electric death wish



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36856068)



Reply Favorite

Date: September 21st, 2018 9:45 AM
Author: burgundy know-it-all theatre ape

She's making a great argument for why women should be entirely banned from civic life.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36856089)



Reply Favorite

Date: September 21st, 2018 8:49 AM
Author: Startled den

Kavanaugh is going to be the pretext for packing the courts in a few years

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855820)



Reply Favorite

Date: September 21st, 2018 8:53 AM
Author: arrogant bespoke indian lodge rigpig



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855837)



Reply Favorite

Date: September 21st, 2018 8:54 AM
Author: Aqua Glittery Heaven Personal Credit Line



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855847)



Reply Favorite

Date: September 21st, 2018 9:12 AM
Author: Bronze striped hyena



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855924)



Reply Favorite

Date: September 21st, 2018 8:52 AM
Author: Aqua Glittery Heaven Personal Credit Line

TLDR:

"THE ENDS JUSTIFY THE MEANS!"

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855830)



Reply Favorite

Date: September 21st, 2018 9:03 AM
Author: hot maniacal gay wizard



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855876)



Reply Favorite

Date: September 21st, 2018 9:04 AM
Author: Nighttime gold abode

LMAO

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855884)



Reply Favorite

Date: September 21st, 2018 9:05 AM
Author: Nighttime gold abode

These jews are shameless

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855888)



Reply Favorite

Date: September 21st, 2018 9:08 AM
Author: Coiffed spectacular whorehouse

you wonder if NYT knows something about the truth of the allegation.

anyway, now we see the endgame of this "credible allegations" meme they've all been riding.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855900)



Reply Favorite

Date: September 21st, 2018 9:09 AM
Author: Coiffed spectacular whorehouse

btw, did "credible allegations" that HRC had for years destroyed women who stepped forward to tell the truth have any impact on NYT's view of Hillary?

tbf, it wasn't just "credible allegations." there's video tape.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36855907)



Reply Favorite

Date: September 21st, 2018 9:38 AM
Author: Pale legend

"Other nominations have been unsuccessful because of private conduct. Another Reagan nominee, Judge Douglas Ginsburg, withdrew from consideration after the press uncovered reports of marijuana use that the F.B.I. had failed to unearth. And the Senate blocked President Lyndon Johnson’s attempt to elevate Abe Fortas to chief justice after evidence emerged that as a sitting member of the court, Justice Fortas had also been serving as a de facto adviser to the president, and after questions were raised about the propriety of outside payments he had received while on the court."

Both of these judges admitted what was alleged against them. Does she really not understand the difference?

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36856062)



Reply Favorite

Date: September 21st, 2018 9:41 AM
Author: hairraiser hospital foreskin

this chick is kyoot AF. i give her a pass

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36856074)



Reply Favorite

Date: September 21st, 2018 9:50 AM
Author: razzle-dazzle rehab

interesting how this dipshit keeps using the plural allegations

this is a single allegation

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36856117)



Reply Favorite

Date: September 22nd, 2018 2:25 AM
Author: Ebony faggotry feces

Lol this is Chris Hayes's wife.

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36861913)



Reply Favorite

Date: September 22nd, 2018 2:32 AM
Author: poppy costumed school chad

repeal the 19th

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#36861926)



Reply Favorite

Date: April 27th, 2020 3:12 PM
Author: bearded 180 dysfunction meetinghouse



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#40103797)



Reply Favorite

Date: May 11th, 2020 3:31 PM
Author: hot maniacal gay wizard



(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#40190305)



Reply Favorite

Date: May 11th, 2020 4:22 PM
Author: pearly volcanic crater knife

Libs?

(http://www.autoadmit.com/thread.php?thread_id=4082968&forum_id=2#40190578)