Justices Kozinski In Addition To Spitzer?

Whenever a Supreme Court confirmation hearing is close to begin, commentators offering questions they would similar members of the Senate Judiciary Committee to inquire the nominee. Given that Senators don’t tend to inquire peculiarly practiced questions themselves, it isn’t difficult to come upward up amongst merely about useful alternatives. But the most bizarre proposition inward a really long fourth dimension comes from Dahlia Lithwick inward a “Jurisprudence” column at the website Slate. In short, Lithwick advocates turning the Brett Kavanaugh hearing side yesteryear side calendar week into a sexual harassment lawsuit of Alex Kozinski. 

Lithwick’s theory is that because Kavanaugh clerked for Kozinski (in 1990-91) as well as since thence they both helped covert constabulary clerks for Justice Kennedy, it is “relevant” to honor out what Kavanaugh knew close Kozinski’s mistreatment of women. The reply to that inquiry volition manifestly last “Nothing, Senator.” Thus, Lithwick urges a broader inquiry. Among other things, she says, Senators should inquire Kavanaugh what he thinks of the fact that at that topographic point hasn’t been a “hearing” on the accusations against Kozinski, that Kozinski was able to retire amongst a pension, as well as that since retirement he has undertaken merely about speaking gigs as well as other world activities. Lithwick tells us that Kavanaugh should too last given an chance to say he believes the women who receive got defendant Kozinski of harassment as well as to explicate what he would create every bit an Associate Justice to remedy harassment inward the judiciary. Lithwick’s apparent motivation is this: since at that topographic point hasn’t been merely about other adequate chance to position Kozinski on lawsuit (and the White House has issued a declaration that Kavanaugh knew zero close whatever Kozinski misdeeds) why non role the Kavanaugh hearing to air the accusations?

Senators can, of course, position whatever questions they desire to a nominee. We volition run into side yesteryear side calendar week if at that topographic point are whatever Senators willing to role upward their express inquiry fourth dimension amongst a focus on Alex Kozinski—and whether the resulting telephone substitution gives the Kozinski accusers the “due process” Lithwick says they deserve.

Until then, it is useful to scream upward that i fashion to examination the strength of an declaration or proposal is to flip the underlying facts. Imagine, then, that during Elena Kagan’s 2010 confirmation hearing, a Republican fellow member of the Senate Judiciary Committee had said this:

General Kagan, you lot receive got known Eliot Spitzer for many years. The 2 of you lot receive got been friends since 1977 when you lot were undergraduates at Princeton together as well as you lot were too inward the same cast at Harvard Law School. Spitzer has publicly rallied behind your nomination to the Supreme Court. 

as well as thence pursued the next draw of piece of occupation of questions:

When did you lot get-go decease aware that Eliot Spitzer hired prostitutes?  

Did you lot know earlier March 10, 2008, the appointment that the New York Times reported that Spitzer was a customer of a high-priced “escort service,” that he had paid women for sex?  

Since the fourth dimension you lot get-go met inward 1977, did you lot always take away heed whatever rumors close Spitzer hiring prostitutes?  

Do you lot believe Spitzer should receive got been prosecuted nether the federal Isle of Mann Act? 

Do you lot intend it is fair that the solely penalty Spitzer has always faced is beingness forced to resign every bit Governor of New York?  

You were Dean of Harvard Law School when Spitzer was forced to resign. As Dean, did you lot number a declaration condemning his behavior? Did you lot take in trying to revoke his degree?   

Do you lot intend it fair that Spitzer has re-entered world life amongst tv appearances, paid world speaking engagements, constabulary schoolhouse teaching, as well as other activities? 

Do you lot believe that Spitzer remains qualified to exercise law?  

Do you lot believe that prostitution should last illegal?  

Are you lot willing to say to the American world that you lot condemn prostitution? 

What volition you lot create every bit Associate Justice to assist ensure that those inward ability create non hire prostitutes? 

Would nosotros applaud the Senator for scream for precisely the correct questions a nominee to the Supreme Court should receive got to answer?