Commentary: Politico symposium with Ilya Shapiro, Ilya Somin, and others; David French (pro) and Benjamin Wittes (con) views of confirmation; point-counterpoint on Kavanaugh’s final hearing testimony from David Post (critical of nominee), Eugene Volokh response, David Post rejoinder. Those intent on defeating Kavanaugh pushed too far and he pushed back, galvanizing conservatives, writes John Podhoretz [Commentary] And a completely different view of judicial temperament [Noah Feldman on cantankerous Court personalities]
Motivated reasoning? Yes, a lot of that going around [Ilya Somin on “the extremely high correlation between what people think of the allegations and whether they believe Kavanaugh should be confirmed aside from them.”] “On the Fallibility of Memory and the Importance of Evidence” [Tyler Watkins, Quillette] “It’s important to listen to those who come forward—and also to those accused.” [Emily Yoffe, The Atlantic]
P.S. And not to forget that the bulk of Kavanaugh’s confirmation hearing discussed issues of jurisprudence; Randy Barnett sums up discussions of originalism, colloquy with Senator Kennedy, unenumerated rights and more, on stare decisis and following precedents, and on the Fourth Amendment.