Unresolved recusal issues require a pause in the Kavanaugh hearings by Laurence H. Tribe, Hon. Timothy K. Lewis, and Norman Eisen (Brookings Institution, Sept. 4, 2018) “explains why the Constitution as originally designed by the framers requires the Supreme Court nomination of Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to be put on hold. It takes no view on his ultimate confirmation. But as one of the authors has elsewhere explained, it offends the structure the framers created for a president who is facing mounting personal liability under our Constitution and laws to choose one of the judges in his own case.” For a summary, see this Brookings article. — Joe
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