In the Press
Thursday, May 16, 2019Harvard’s Shameful History Repeats Itself — A Commentary by Stephen L. Carter ’79 Bloomberg
Thursday, May 16, 2019Trump’s Golan Policy and Its Threat to the Post-War International Legal Order — A Commentary by Oona Hathaway ’97 and Scott Shapiro ’90 Just Security
Thursday, May 16, 2019Former Donald Trump Official Hopes for U.S.-China Deal, but Says Beijing Might Have to Wait for Change in White House South China Morning Post
Wednesday, May 15, 2019A Supreme Court Reporter Defines the Threat to Abortion Rights The New Yorker
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