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

How Strong Does the Evidence Against Kavanaugh Need to Be? ...
french garrison macaca
  09/21/18
What the fuck does this mean: "For many people, what’s ...
french garrison macaca
  09/21/18
Ends justify means. Kavanagh can do bad things so they must ...
histrionic overrated hunting ground cuckoldry
  09/21/18
What if he loved abortion. Rape ok then?
Zippy Gay Corn Cake Roast Beef
  09/21/18
Anybody with even a shred of self-reflection admits that if ...
Awkward hyperactive tanning salon
  09/21/18
kavanaugh is anti-abortion and is accused of sexual assault ...
Bateful Garnet Native
  09/22/18
this has gone way over the egde... i don't even know what's...
Tan rambunctious kitty cat
  09/21/18
You have naively thought there could be some major right win...
sooty resort
  09/21/18
they don't have any real power, though, ultimately. it's ju...
Tan rambunctious kitty cat
  09/21/18
Wrong. You saw the other thread where the 13 year old boy wa...
sooty resort
  09/21/18
...
jade box office
  09/21/18
these "wheezing nebbish jews and dykey women" are ...
glittery autistic field ratface
  09/21/18
it can't last. we are nearing the crisis point. Trump was t...
Tan rambunctious kitty cat
  09/21/18
Lol YouTube comment sections..who owns youtube again? The cu...
Electric Pungent Organic Girlfriend
  09/21/18
JFC the comments are unfuckinghinged
Orchid dead meetinghouse
  09/21/18
(((Kate Shaw (@kateashaw1) is a professor at the Benjamin N....
Carmine church generalized bond
  09/21/18
...
misanthropic gaming laptop
  09/21/18
...
Mustard Fanboi
  09/21/18
Define merely credible
Zippy Gay Corn Cake Roast Beef
  09/21/18
An allegation is made and libs deem that accuser has no reas...
Electric Pungent Organic Girlfriend
  09/21/18
What makes an accusation credible if it is vague and no mate...
Spectacular chapel
  09/21/18
...
misanthropic gaming laptop
  09/21/18
ding ding ding - we have a winner!
french garrison macaca
  09/21/18
...
grizzly boyish area
  09/21/18
Any female accusation of sexual assault made against white m...
aromatic sexy shrine keepsake machete
  09/21/18
...
misanthropic gaming laptop
  09/21/18
This is frightening stuff
Electric Pungent Organic Girlfriend
  09/21/18
...
Topaz Lettuce
  09/21/18
"It’s natural to place this sort of accusation within a...
french garrison macaca
  09/21/18
...
Yellow parlour codepig
  09/21/18
...
misanthropic gaming laptop
  09/21/18
...
puce hot spot athletic conference
  09/21/18
...
up-to-no-good concupiscible institution
  09/21/18
She's making a great argument for why women should be entire...
curious crackhouse boltzmann
  09/21/18
Kavanaugh is going to be the pretext for packing the courts ...
citrine gas station mexican
  09/21/18
...
Yellow parlour codepig
  09/21/18
...
Topaz Lettuce
  09/21/18
...
glittery autistic field ratface
  09/21/18
TLDR: "THE ENDS JUSTIFY THE MEANS!"
Topaz Lettuce
  09/21/18
...
french garrison macaca
  09/21/18
LMAO
Mustard Fanboi
  09/21/18
These jews are shameless
Mustard Fanboi
  09/21/18
you wonder if NYT knows something about the truth of the all...
arousing free-loading degenerate
  09/21/18
btw, did "credible allegations" that HRC had for y...
arousing free-loading degenerate
  09/21/18
"Other nominations have been unsuccessful because of pr...
multi-colored site
  09/21/18
this chick is kyoot AF. i give her a pass
elite chest-beating business firm
  09/21/18
interesting how this dipshit keeps using the plural allegati...
cerebral soggy coffee pot jew
  09/21/18
Lol this is Chris Hayes's wife.
contagious crimson stock car
  09/22/18
repeal the 19th
Bateful Garnet Native
  09/22/18
...
galvanic knife
  04/27/20
...
french garrison macaca
  05/11/20
Libs?
appetizing house-broken sanctuary
  05/11/20


Poast new message in this thread



Reply Favorite

Date: September 21st, 2018 7:59 AM
Author: french garrison macaca

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: french garrison macaca

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: histrionic overrated hunting ground cuckoldry

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: Zippy Gay Corn Cake Roast Beef

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: Awkward hyperactive tanning salon

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: Bateful Garnet Native

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: Tan rambunctious kitty cat

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: sooty resort

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: Tan rambunctious kitty cat

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: sooty resort

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: jade box office



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



Reply Favorite

Date: September 21st, 2018 9:10 AM
Author: glittery autistic field ratface

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: Tan rambunctious kitty cat

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: Electric Pungent Organic Girlfriend

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: Orchid dead meetinghouse

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: Carmine church generalized bond

(((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: misanthropic gaming laptop



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



Reply Favorite

Date: September 21st, 2018 9:05 AM
Author: Mustard Fanboi



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



Reply Favorite

Date: September 21st, 2018 8:33 AM
Author: Zippy Gay Corn Cake Roast Beef

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: Electric Pungent Organic Girlfriend

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: Spectacular chapel

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: misanthropic gaming laptop



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



Reply Favorite

Date: September 21st, 2018 8:41 AM
Author: french garrison macaca

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: grizzly boyish area



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



Reply Favorite

Date: September 21st, 2018 8:38 AM
Author: aromatic sexy shrine keepsake machete

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: misanthropic gaming laptop



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



Reply Favorite

Date: September 21st, 2018 8:37 AM
Author: Electric Pungent Organic Girlfriend

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: Topaz Lettuce



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



Reply Favorite

Date: September 21st, 2018 8:43 AM
Author: french garrison macaca

"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: Yellow parlour codepig



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



Reply Favorite

Date: September 21st, 2018 8:45 AM
Author: misanthropic gaming laptop



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



Reply Favorite

Date: September 21st, 2018 9:23 AM
Author: puce hot spot athletic conference



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



Reply Favorite

Date: September 21st, 2018 9:40 AM
Author: up-to-no-good concupiscible institution



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



Reply Favorite

Date: September 21st, 2018 9:45 AM
Author: curious crackhouse boltzmann

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: citrine gas station mexican

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: Yellow parlour codepig



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



Reply Favorite

Date: September 21st, 2018 8:54 AM
Author: Topaz Lettuce



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



Reply Favorite

Date: September 21st, 2018 9:12 AM
Author: glittery autistic field ratface



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



Reply Favorite

Date: September 21st, 2018 8:52 AM
Author: Topaz Lettuce

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: french garrison macaca



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



Reply Favorite

Date: September 21st, 2018 9:04 AM
Author: Mustard Fanboi

LMAO

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



Reply Favorite

Date: September 21st, 2018 9:05 AM
Author: Mustard Fanboi

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: arousing free-loading degenerate

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: arousing free-loading degenerate

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: multi-colored site

"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: elite chest-beating business firm

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: cerebral soggy coffee pot jew

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: contagious crimson stock car

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: Bateful Garnet Native

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: galvanic knife



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



Reply Favorite

Date: May 11th, 2020 3:31 PM
Author: french garrison macaca



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



Reply Favorite

Date: May 11th, 2020 4:22 PM
Author: appetizing house-broken sanctuary

Libs?

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