Neutral rules should be applied to this case and every case going forward
As a law professor for half a century, I tested the consistency and strength of my students’ arguments by constructing thought experiments in the form of challenging hypothetical cases – we called them hypos. So let’s construct one to test the arguments being offered in the Kavanaugh case. A thought experiment: President Hillary Clinton nominates the first Muslim American to the Supreme Court. Let’s call him Amir Hassan. Republicans oppose him and accuse him of being a judicial activist. Then several witnesses place him at a mosque at which terrorism was advocated. He claims he went there to hear all sides of the issue. One witness places him in a terrorism training camp but that account is not corroborated. One final witness identifies him as the man who planted the bomb that blew off his leg at a demonstration. He categorically denies any association with terrorism.
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