Thursday, September 27, 2018

The Kavanaugh Standard

If the Kavanaugh nomination fails because of the accusations made against him by Christine Blasey Ford and others, America's system of politics, indeed its everyday social relations, will be conducted in the future on the Kavanaugh Standard.

The Kavanaugh Standard will hold that any decision requiring a deliberative consideration of contested positions can and should be decided on just one thing: belief.

It is an inescapable irony that the Kavanaugh Standard-"I believe"-is being established inside the context of a nomination to the highest U.S. court.

This new standard for court nominees would be that judgment can be rendered in the absence of substantive argument or any legal standard relating to corroboration, cross-examination or presumption of innocence.

The Kavanaugh Standard would have less intellectual content than liberalism's previous judicial gold standard-agreement with the Supreme Court's decision in Roe v. Wade.

The new, operative standard, assuming two Republican senators abandon Judge Kavanaugh, will come down to a leap of faith.

Rough justice is what the political left and the media left, notably the New Yorker and New York Times, is meting out to Brett Kavanaugh.

https://outline.com/rGeLHh

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