In the Press
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Friday, September 30, 2022You Thought the Supreme Court’s Last Term Was Bad? Brace Yourself. The Washington Post
Friday, September 30, 2022Next SCOTUS Term: What's on the Docket? Bloomberg
Friday, September 21, 2018
Open Letter to Senate Judiciary Committee from Yale Law Faculty
As the Senate Judiciary Committee debates Judge Brett Kavanaugh’s nomination, we write as faculty members of Yale Law School, from which Judge Kavanaugh graduated, to urge that the Senate conduct a fair and deliberate confirmation process. With so much at stake for the Supreme Court and the nation, we are concerned about a rush to judgment that threatens both the integrity of the process and the public’s confidence in the Court.
Where, as here, a sexual assault has been alleged against an individual nominated for a lifetime appointment in a position of public trust, a partisan hearing alone cannot be the forum to determine the truth of the matter. Allegations of sexual assault require a neutral factfinder and an investigation that can ascertain facts fairly. Those at the FBI or others tasked with such an investigation must have adequate time to investigate facts. Fair process requires evidence from all parties with direct knowledge and consultation of experts when evaluating such evidence. In subsequent hearings, all of those who testify, and particularly women testifying about sexual assault, must be treated with respect.
The confirmation process must always be conducted, and appointments made, in a manner that gives Americans reason to trust the Supreme Court. Some questions are so fundamental to judicial integrity that the Senate cannot rush past them without undermining the public’s confidence in the Court. This is particularly so for an appointment that will yield a deciding vote on women’s rights and myriad other questions of immense consequence in American lives.
Harold Hongju Koh
Dennis E. Curtis
Paul W. Kahn
John Fabian Witt
J.L. Pottenger, Jr.
W. Michael Reisman
Alvin K. Klevorick
David Singh Grewal
James Forman, Jr.
Anika Singh Lemar
Jean Koh Peters
Teresa M. Miguel-Stearns
Robert W. Gordon